A BILL TO BE ENTITLED
AN ACT to create the felony offense of chemical endangerment of a child.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑318.6.  Chemical endangerment of a child; death of a child by chemical endangerment.
(a)	Intentional Chemical Endangerment of a Child. – Any person who intentionally causes or permits a child less than 16 years of age to ingest, inhale, or have contact with any controlled substance under Article 5 of Chapter 90 of the General Statutes (North Carolina Controlled Substances Act) is guilty of a Class D felony.
(b)	Negligent Chemical Endangerment of a Child. – Any person who, in reckless disregard of the consequences of the action, causes or permits a child less than 16 years of age to ingest, inhale, or have contact with any controlled substance under Article 5 of Chapter 90 of the General Statutes (North Carolina Controlled Substances Act) is guilty of a Class G felony.
(c)	Death of Child by Chemical Endangerment. – A person is guilty of a Class B1 felony if all of the following apply:
(1)	The person commits a violation of subsection (b) of this section and unintentionally causes the death of a child less than 16 years of age.
(2)	The violation of subsection (b) of this section is the proximate cause of the death of the child.
(d)	Affirmative Defense. – It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance."
SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.