Child Endangerment Law

Every state has some version of child endangerment laws, which can cover a variety of situations.  All child endangerment laws make it a crime for an adult to place a child in danger through his or her reckless or indifferent actions.  In some states, child endangerment laws are separate, generalized laws that cover different circumstances.  In other states, however, child endangerment laws take the form of very specific statutes that encompass only certain actions.

What is Child Endangerment?

Common types of situations that might constitute child endangerment in some states include:

• leaving a child in a vehicle unattended
• abandonment of a child
• placing a child in danger by driving a vehicle while intoxicated or under the influence of drugs
• serving alcohol to a child
• leaving children of a young age at home alone
• inflicting excessive corporal punishment that causes harm to a child
• using or manufacturing drugs in the presence of a child

All of these types of child endangerment are prohibited by law, depending on the circumstances and the law of the state where the incident occurred.

Penalties

Child endangerment charges may be classified as felonies or a lesser type of crime, such as a misdemeanor or petty crime.  In severe cases of child endangerment, where an adult’s actions have led to the serious bodily injury of a child, it is probable that felony charges will result in a term of incarceration, which can be quite lengthy, depending on the situation.  Typically, law enforcement officials will forward a report of alleged child endangerment to the prosecutor or district attorney’s office, who will then determine the type and extent to which criminal charges will be filed against the perpetrator.

Filing a Lawsuit

Civil lawsuits may also result from certain incidences of child endangerment.  For instance, if a person is driving intoxicated with a child in his or her vehicle, the parents of the child may be able to bring a civil lawsuit against the intoxicated driver for any injuries to the child resulting from the accident.  A civil lawsuit may or may not be successful in terms of financial compensation for the child’s injuries, depending on the available assets of the intoxicated driver, and the circumstances surrounding the incident.  However, you would be well-advised to contact an experienced personal injury attorney if you feel that you have a civil claim for child endangerment.

Defense for Child Endangerment Charges

Due to the severe penalties that may result from criminal charges of child endangerment, as well as possible civil liability stemming from the incident, it would be wise to immediately retain experienced defense counsel if you are accused of child endangerment.  There are a number of potential defenses to child endangerment charges; for instance, false reports of child endangerment often arise between parents in the context of contested divorce and/or child custody proceedings.  Another defense may be a parent’s religious convictions, such as the case where a parent does not seek medical attention for an ill child.

In some cases, accusations of child endangerment may simply be false; for example, some well-meaning people may take comments by children out of context, or unwittingly influence a child’s version of events.  In any child endangerment case, where potential repercussions can be quite serious, a defense attorney will be essential to fighting such allegations.