5-8-2. CRIMINAL NON-SUPPORT.

Any person who intentionally fails or refused without lawful excuse to furnish necessary good, clothing, shelter, medical attention, or other remedial care or means of support for his spouse or minor child under the age of eighteen (18), is guilty of criminal non-support. 

As used in this section, the word “child” includes any child born out of wedlock whose paternity has been admitted by the actor or has been otherwise acknowledged or established in a civil proceeding.

It is no defense in a prosecution under this section that the spouse or minor child to be supported received necessary support from any source other than the Defendant.

A parent who chooses medical treatment for his minor child by spiritual means alone in lieu of traditional medical attention is not for that reason alone in violation of this section.

In any prosecution under this section against a parent who is not the lawfully appointed custodian of the minor child to be supported, it is an affirmative defense that at the time of trial, the Defendant is current with any and all child support payment obligations imposed by him by any Court of competent jurisdiction.

Bigamy is a Class B crime.