26.25.040 Failure to support or care for dependent person.
(1) A person commits the offense of failure to support or care for a dependent person by knowingly:
(a) Refusing or neglecting to furnish food, shelter, or proper care, which the person is physically and financially able to provide to any person recognized as legally dependent upon the person;
(b) Endangering the health, welfare or emotional well-being of any child under the person’s care; or
(c) Failing to provide financial support, which the person is legally obligated to provide and the person is financially able to provide.
(2) Failure to support or care for a dependent person is a Class D offense.
(3) It is not a defense to a charge of failure to support that any other person, organization, or agency furnishes necessary food, clothing, shelter, medical attention, or other essential needs for the support of the spouse, child, or other dependent.
(4) A person commits the offense of aggravated failure to support if:
(a) The person has left the Reservation to avoid the duty of support; or
(b) The person has been previously convicted of the offense of failure to support.
(5) Aggravated failure to support is a Class E offense.