What Is Considered Child Endangerment?
What is Child Endangerment?
Child Endangerment occurs when an adult places a child in imminent danger of death, bodily injury, or physical or mental impairment. This can occur through an act or omission. Some states punish child endangerment as its own offense, and others include it as a type of child abuse. Although there are different ways to categorize and punish child endangerment, many state laws share these characteristics of what constitutes child endangerment:- Was there actions or situations that are dangerous for children. Child endangerment laws are very broad because there are a lot of situations that can put children in danger. Courts are left to decide if the act or non-action was dangerous. See below for common examples of child endangerment.
- Was it intentional? In order to be charged with child endangerment, a prosecutor does not have to prove that a caregiver intentionally meant to expose a child to a dangerous situation. The courts use a “reasonable person” standard in child endangerment cases. This means that even if the accused person didn’t see the situation as dangerous if a “reasonable person” does, then the accused person can still be in trouble.
- Was there an injury? Either actual or potential. These laws are used to punish behavior that could lead to a child being harmed. Therefore, a child does not actually have to suffer any injury or physical harm in order for the caregiver to be punished.
- Was it a mistake? To be convicted of child endangerment, the adult has to do more than making a simple mistake or act foolishly. The caregiver must place their child in a situation that is more than likely to cause harm whether to the child’s life, health, welfare, morals, or emotional well-being.
Example of Child Endangerment
While states have differences of what is considered child endangerment, here are a few of the most common example of child endangerment.
- Hiring someone as a childcare provider who has a known history of sexual offenses.
- Giving alcohol to an underage driver.
- Leaving a child unattended in a car.
- Failing to report suspected child abuse.
- Leaving a young child unsupervised in an area that is not safe.
- Driving while intoxicated with a child in the car.
- Unreasonable corporal punishment resulting in bodily injury.
- Exposing children to drug transactions or making drugs in the presence of a child.
- Having unsecured firearms in the same environment as a child.
What are the Penalties for Child Endangerment?
There are some severe punishments for child endangerment. In most cases, you will face jail or prison time, probation, fines, time in extensive parenting classes, and parental rights. Since each state punishes child endangerment differently, jail time, fines and other consequences are dependent on that state and whether the person is charged with a misdemeanor or a felony.How To Fight Child Endangerment Charges
If you live near San Diego, California and are facing these serious charges, call Bradley Corbett to help fight for you. This is a complicated and vague charge, and you will need the help of a criminal defense lawyer. Having dealt with hundreds of criminal defense cases, San Diego Lawyer, Bradley Corbett is prepared and ready to defend your case. Contact him today.Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.