§ Â 1103D. Child torture; class B felony.

(a) As used in this section:

(1) “Torture” means a course of conduct consisting of 1 or more instances of any of the following acts which occur over a period of more than 24 hours and are done with malice or an extreme indifference to the well-being of the child:

a. Child abuse under § 1103, § 1103A, § 1103B, or § 1103C of this title.

b. Maltreatment or emotional abuse of a child.

c. Deprivation of, or failure to provide, necessary care such as food, water, clothing, shelter, or medical care.

(2) “Torture” includes unreasonable or extended confinement or restraint, cruel punishment, or intentional or reckless failure to provide for the health, safety, medical, or nutritional needs of a child.

(b) A person is guilty of child torture if all of the following conditions are satisfied:

(1) The child is under the person’s care, custody, or control, or the person is charged by law with or has assumed responsibility for the child’s care.

(2) The person intentionally or recklessly commits or allows another person to commit torture to the child.

(c) Child torture is a class B felony.

(d) A charge under this section does not limit or preclude any other charge being brought against the person.

(e) The crime of child torture does not require any proof that the child suffered physical pain or physical injury.