§ 260.06 Non-support of a child in the first degree.
  A person is guilty of non-support of a child in the first degree when:
  1. (a) being a parent, guardian or other person legally  charged  with
the  care  or  custody of a child less than sixteen years old, he or she
fails or refuses without lawful excuse to provide support for such child
when he or she is able to do so; or
  (b) being a parent, guardian or other person obligated to  make  child
support  payments  by  an  order  of child support entered by a court of
competent jurisdiction for a child less than eighteen years old,  he  or
she  fails  or refuses without lawful excuse to provide support for such
child when he or she is able to do so; and
  2. he or she has previously been convicted in the preceding five years
of a crime defined in section 260.05 of this article or a crime  defined
by the provisions of this section.
  Non-support of a child in the first degree is a class E felony.