Section 1. Section 76-5-208 is amended to read:76-5-208. Child abuse homicide -- Penalties.(1)(a)As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, or 76-5-114.(b)Terms defined in Section 76-1-101.5 apply to this section.(2)Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:(a)(i)the actor causes the death of another individual who is younger than 18 years old; and(ii)the individual's death results from child abuse; and(b)(i)the child abuse is based on a violation of Section 76-5-109.4, Child Torture;(ii)(i)the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);(iii)(ii)the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or(iv)(iii)under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).(3)(a)A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.(b)A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.