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46.3806 Criminal nonsupport.

Cite as [A.S.C.A. § 46.3806]

(a) A spouse commits the crime of nonsupport if he knowingly fails to provide, without good cause, adequate support for his spouse; a parent commits the crime of nonsupport if such parent knowingly fails to provide, without good cause, adequate support which the parent is legally obligated to provide for his minor child or his minor stepchild.

(b) For purposes of this section:

(1) "Child" means any natural or adoptive, legitimate or illegitimate person under 18 years of age or a mentally retarded or developmentally disabled person regardless of age.

(2) "Good cause" includes any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his in-ability to support.

(3) "Support" means food, clothing, lodging, and medical or surgical attention.

(c) The defendant has the burden of injecting the issues raised by paragraph (b) (2).

(d) Criminal nonsupport is a class A misdemeanor, unless the actor leaves the territory for the purpose of avoiding his obligation to support, then it is a class D felony.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 568.040, 15 ASC 1021, 15 ASC 1022, 21 A5C2901—2904.