By Today, we talk about a child endangerment charge.
When taking care of a child, an adult legally holds the responsibility to protect the rights and interests of the child. They make sure that the children are safe from unreasonable danger and stay in an environment that promotes growth and development. Now, when the adult in charge or the caregiver fails to protect their child, it leads to an illegal act. This illegal activity is what we call “child endangerment.” There are state laws that punish individuals for endangering a child.
So, in this article, we will talk about child endangerment charges.
What Is a Child Endangerment Charge?
The actions of a guardian, a parent, or any other caregiver toward the child can be child abuse. Especially if it leads to a child being in an unhealthy, dangerous, or even inappropriate situation. Moreover, even if the adult caregiver does not abuse but simply allows it to occur, it is still a crime. Thus, this type of child abuse leads to the crime of child endangerment.
State laws may differ on the matter of this subject, similar to matters like laws for when my wife hits me or marital rape. Therefore, child endangerment charges may fall under the type of child abuse.
Who Is A Child Under State Laws?
To understand what constitutes “endangerment” to the child well, let us find out who a child is. Firstly, the laws of the particular state will determine who the child is. For instance, some places may consider a child only to be a minor who is under age 16 years of age.
For most states, a child is a minor who has not reached the age of majority, i.e. 18.
So, What Does Child Endangerment Mean?
The phrase “child endangerment,” is a criminal activity in all 50 states. It occurs when one subjects minors under their care to harsh treatment or dangerous situations.
Usually, here, the child in such cases experiences serious harm or death in severe conditions. The crime leads to a child endangerment charge. Moreover, we often see it along with other crimes. For example, a child endangerment charge is most commonly accompanied by the following.
- An assault charge.
- a DUI,
- statutory rape,
- sexual assault,
- enticing a minor or
- even illegal drug use.
What Can Lead To A Child Endangerment Charge?
To understand these charges according to state laws, let us understand who can face these charges first.
Who Can Face A Child Endangerment Charge?
Under the child endangerment law of the United States, a person need not only be the child’s parent to face these charges. Rather, such persons may face child endangerment charges once they have been given or when they have taken responsibility for the child’s well-being.
For example, let’s say that someone took an oath to look out for or look after the child. So, if a KG teacher is negligent in her duties and it leads to the child falling down the stairs and getting injured, it is child endangerment.
Therefore, such a person may fail to carry out their duty knowingly or unknowingly. Either way, the activity or lack of activity should be responsible for causing the child to be in harm’s way.
What Activities Can Lead To Child Endangerment Charges?
Child endangerment charges may arise out of various activities. However, the common ground is that each of these activities should put kids at risk.
Some examples of activities that may lead to a child endangerment charge may include the following.
a. leaving a child unsupervised in a dangerous area.
b. letting them stay alone in a hot car,
c. not taking care of them because of drugs or alcohol.
Moreover, it is also risky to drive with a child while the parent is drunk or under the influence.
If a caregiver leaves the child with an abusive person, knowing of their true nature.
When the caregiver gives alcohol to a minor.
Other dangerous actions that may lead to child endangerment charges may involve.
a. having drugs at a home where a child lives.
b. engaging in inappropriate behavior in front of a child.
c. Additionally, keeping weapons accessible to the child.
d. Instances of child enticement.
e. Lastly, ignoring safety rules for car seats or failing to report child abuse is endangerment under state laws.
How Can Someone Prove Child Endangerment Charges?
If you have to prove that this crime took place, you will need to work with the state law. Usually, this is what the prosecution has to prove.
Firstly, the person facing the child endangerment charge will be the defendant. So, the prosecutor has to prove in front of the court that the defendant knowingly carried out actions that could injure the child.
Additionally, the harm may be physical, mental, emotional, or moral. Thus, the child’s well-being is of utmost importance.
This action and the lack of action should lead to imminent danger to the child. Moreover, harm may be serious harm to their health and mind or death in serious cases.
Additionally, two very important points include.
Firstly, the child was the right age according to the state’s law on child endangerment. This is what will decide if this minor is considered a child.
Secondly, the person accused was responsible for taking care of the child. Moreover, it’s important to know that any child doesn’t have to actually get hurt for it to be considered endangerment. Just putting the child in a risky situation is enough.
Thus, the more severe the hurt, the graver the consequences.
Defenses Against Child Endangerment Charges
These are the ways to defend against child endangerment charges. You can take the help of an attorney to help prove your point.
- Actions being accidental, not intentional or reckless.
- Not knowing or having any idea that actions could harm the child.
- Not actually committing the crime.
- The results weren’t meant, couldn’t be predicted, or weren’t typical for that situation.
Lastly, lack of evidence or failure to prove the elements of the crime.
What Are The Punishments For These Charges?
- The penalties for endangering a child depend on state laws.
- Up to a year in prison for a misdemeanor.
- More than a year and possibly up to twenty years or longer for a felony.
- Additionally, for severe cases, there may be fines and a permanent criminal record.
To Conclude
Now that we have reached an end to our article let us find out how to get a child endangerment charge dropped. Get a good lawyer who knows child endangerment law. Check the evidence and work with your lawyer to make a strong defense.
Moreover, you might talk with the prosecutor about a deal. Join counseling to prevent problems. Your lawyer can negotiate with the prosecutors and bring in people who know you well.
Therefore, you need to follow court rules and make sure the police do things right. Thus, try to cooperate with child services and show you’re changing.
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