§3–602.1.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Family member” has the meaning stated in § 3–601 of this subtitle.

        (3)    “Household member” has the meaning stated in § 3–601 of this subtitle.

        (4)    “Mental injury” means the substantial impairment of a minor’s mental or psychological ability to function.

        (5)    (i)    “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs or mental health of a minor that creates a substantial risk of harm to the minor’s physical health or a substantial risk of mental injury to the minor.

            (ii)    “Neglect” does not include the failure to provide necessary assistance and resources for the physical needs or mental health of a minor when the failure is due solely to a lack of financial resources or homelessness.

    (b)    A parent, family member, household member, or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not neglect the minor.

    (c)    A person who violates this section is guilty of the misdemeanor of child neglect and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

    (d)    A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.