Child endangerment includes several criminal actions that an individual may engage in that puts the well-being of a child at risk. Child endangerment may be:
- Physical;
- Mental;
- Social; or
- Moral.
Examples of possible child endangerment actions include:
- Driving white intoxicated while a child is in the vehicle;
- Leaving a child unattended;
- Failure to report suspected child abuse; and
- Serving alcohol to minors.
The term child endangerment refers to criminal acts that occur when an individual subjects a minor child to a dangerous situation where the child is likely to experience serious harm or even death. The criminal offense of child endangerment is often charged in connection with another crime, such as:
- Assault;
- Illegal drug use; or
- Driving under the influence (DUI).
An individual does not necessarily have to be the child’s parent in order to be charged with child endangerment. An individual can face child endangerment charges if they have assumed responsibility for the well-being and to look after a child but fail to fulfill this duty by knowingly or deliberately placing the child in harm’s way.
Generally, there are numerous activities that may qualify as a type of child endangerment. Additionally, the laws and punishments that may be ordered if an individual is convicted of a child endangerment charge may vary by state.
Regardless of where an individual is charged and what specific charge they face, child endangerment is a very serious offense. Depending upon the conduct and the laws of the jurisdiction where the conduct occurred, child endangerment may be classified as a misdemeanor or a felony offense.
This means that a defendant’s sentence may range anywhere from a few months to several years incarcerated. Similar to other types of criminal offenses, the facts and circumstances that surround a particular case will have to be considered.
The more harm that was inflicted upon the child or the more extreme the facts of the case, the more likely that a defendant who is convicted will receive a harsher sentence.
This general principle applies especially in cases where a court determines that the risk to the minor child is still ongoing or is current. In cases where the minor child’s parents are the ones who are convicted of child endangerment, the parents may lose any parental rights they have over their child in addition to the other penalties noted above.
What Are Examples of Child Endangerment?
Whether an individual has engaged in conduct with a child that constitutes child endangerment will be contingent on the laws of the state including how that state defines the term child. For example, some states do not consider a minor to be a child once they reach 16 years of age.
In other states, a child is not considered to be an adult until they reach the age of majority, which is usually 18. There are states, however, such as Alabama, where the age of majority is 19.
Common examples of the types of activities that will typically qualify as criminal child endangerment in many states include:
- Abandoning a child without adult supervision in an unsafe place or neighborhood;
- Leaving a child alone in a motor vehicle, especially when weather conditions are very hot or humid;
- Failing to look after a child because of being under the influence of alcohol or drugs;
- Operating a motor vehicle with a child while a person is intoxicated or under the influence of illegal or controlled substances;
- Leaving a child with an individual who is known to assault or abuse them;
- Serving alcohol to a minor or to an underage driver;
- Allowing a young child to stay a home where no one is in charge;
- Leaving a young child in the care of another minor or young child;
- Manufacturing drugs in a home where a minor child resides;
- Engaging in sexual conduct in front of a child;
- Keeping weapons in a household with children and storing the weapons where a child can easily access them;
- Failing to report known or suspected child abuse; and
- Ignoring safety requirements for a car seat or booster seat that is being used by a child.
As discussed above, child endangerment charges may arise, not only from the actions of an adult, but also from the failure of an adult to take some type of preventative action. For example, if the child’s caregiver deliberately stops the child from taking prescribed medication, it may be considered an act that would constitute child endangerment.
Am I Guilty of Child Endangerment if I Help a Child Run Away in Texas?
No, in Texas, an individual would not face the criminal charge of child endangerment if they help a child run away. Instead, they would be charged with a different criminal offense of harboring a runaway.
This is due to the fact that, under Texas law, an individual is criminally negligent if they knowingly harbor, or hide, a child who has run away from their parent or legal guardian.
How Can the State Convict Me of Harboring a Runaway Child?
Harboring a runaway child is classified as a Class A misdemeanor in Texas. In order to convict a defendant of harboring a runaway child in Texas, the state must prove:
- The runaway was younger than 18 years of age; and
- The runaway voluntarily left home without the consent of their parent or guardian for a long length of time or without any intention of returning home; or
- The runaway may have escaped from the custody of:
- a probation officer;
- a police officer;
- Texas Youth Council; or
- a youth detention facility.
Can I Protect Myself By Notifying the Police About the Runaway Staying with Me?
Yes, an individual may protect themselves by notifying law enforcement that the runaway child is currently with them. However, the individual is required to inform law enforcement within 24 hours of discovering the runaway.
The individual may also inform other parties outside of law enforcement within 24 hours, including:
- The agency responsible for the child;
- The child’s legal guardian; or
- The parent who had custody of the child.
What Is the Punishment for Harboring a Runaway?
As noted above, in Texas, harboring a runaway is a Class A misdemeanor. This offense is punishable by:
- One year or less, served in county jail;
- A $4,000 criminal fine; or
- A combination of a fine and county jail time.
Are There Defenses to Charges of Child Endangerment?
Yes, there are several defenses that a defendant may be able to present against charges of child endangerment, including that:
- The defendant could not have known or did not know that their actions would endanger or injure the child;
- The results of their actions:
- were not intended;
- could not reasonably be predicted; or
- were not of the kind that would normally occur in such instances;
- That the defendant did not commit the offense they were charged with;
- That the prosecutor lacked evidence or failed to prove the elements of criminal child endangerment; and
- That the defendant’s actions were accidental and not reckless, intentional, or willfully performed.
The defenses that may be available to a defendant will depend on the facts of the case as well as the laws of jurisdiction where the offense occurred.
Should I Talk to a Lawyer About My Charge?
In Texas, harboring a runaway is one of the most serious misdemeanor changes an individual may face. Because of this, it is essential to consult with a Texas criminal lawyer if you are charged with this crime.
Your lawyer may be able to help you avoid jail time or substantial fines. Your lawyer will also be able to negotiate with the prosecution for a possible plea agreement and present any available defenses in your case in court.
