On

ART.276

ELEMENTS:
1. That the offender has the custody of a child;
2. That the child is under 7 years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the latter is abandoned.


Abandonment must be conscious, deliberate, and permanent.

Qualifying circumstances:
a. death of the minor; or
b. life was in danger because of the abandonment.

Parent guilty of abandoning their children shall be deprived of parental
authority.

The purpose in abandoning the minor under his custody is to avoid the
obligation of taking care of said minor.

Intent to kill cannot be presumed from the death of the child. The ruling
that the intent to kill is presumed from the death of the victim of the
crime is applicable only to crimes against persons, and not to crimes
against security, particularly the crime of abandoning a minor under
Art. 276.