Page:Title 3 CFR 2007 Compilation.djvu/299

 Executive Orders EO 13447 suffering. However, if the accused's conduct does cause actual physical or mental harm, the potential maximum punishment increases. See Paragraph 54(c)(4)(a)(ili) for an explanation of "grievous bodily harm". (5) Endanger. "Endanger" means to subject one to a reasonable probability of harm. (6) Age of victim as a factor. While this offense may be committed against any child under 16, the age of the victim is a factor in the culpable negligence determination. Leaving a teenager alone for an evening may not be culpable (or even simple) negligence; leaving an infant or toddler for the same period might constitute culpable negligence. On the other hand, leaving a teenager without supervision for an extended period while the accused was on temporary duty outside commuting distance might constitute culpable negligence. (7) Duty required. The duty of care is determined by the totality of the circumstances and may be established by statute, regulation, legal parent child relationship, mutual agreement, or assumption of control or custody by affirmative act. When there is no duty of care of a child, there is no offense under this paragraph. Thus, there is no offense when a stranger makes no effort to feed a starving child or an individual/neighbor not charged with the care of a child does not prevent the child from running and playing in the street. d. Lesser included offenses. (1) Child Endangerment by Design. Article 134 -- Child endangerment by culpable negligence (2) Article 80 -- Attempts e. Maximum punishment. (1) Endangerment by design resulting in grievous bodily 299

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