Yes, you must plead the relationship giving rise to the duty and prove that the relationship exists:

then and there knowingly, by omission, cause (sbi, mental deficiency,impairment or injury) to (injured party), a child younger than 15 years of age, by (acts of omission), at a time when the defendant had assumed care, custody or contol of (injured party) or had a legal duty to act because the defendant was (relationship establishing legal duty to aact)

[This message was edited by BLeonard on 02-08-05 at .]