What is Child Endangerment? Definition and Punishment
Published December 19, 2022
Child endangerment is a crime committed when a person engages in an act that places a child in imminent danger of bodily injury, brain or body impairment, or even death. For example, a child’s safety could be endangered by an act, omission, or attempted child endangerment. Meaning it is possible to be charged with a misdemeanor or a felony for endangering a child’s safety or for not providing enough care for one.
Felony child endangerment and negligent care charges are based on intent and the risk posed to the child. Hiring a criminal defense attorney is necessary if you have been charged with a misdemeanor or felony child endangerment or negligent care to assist you through the legal process and protect your rights.
What is Child Endangerment in Florida?
Each state has its misdemeanor and felony guidelines for child endangerment. In Florida, child endangerment is covered under child abuse laws. It includes willful torture, malicious punishment, aggravated battery, and willful caging of a child. Florida’s law also includes causing great bodily harm, lifelong disability, or permanent child disfigurement as a form of child endangerment. Meaning anyone encouraging another person to do these activities could also be charged with the same crimes in Florida.
A child in need is entitled to proper clothing, nutrition and food, shelter, supervision, and medical services. In addition, you may be charged with child endangerment if you fail to protect a child from another person’s abuse or fail to report it.
You could be charged with endangering a child if they were in your care during the incident, even if they were not your own. This means that you have a duty for the safety of any child during the designated time. Additionally, you may be detained and prosecuted if it is proven that their safety is in jeopardy while in your care.
What is Child Endangerment in California?
Child endangerment in California covers exploitation in addition to physical, emotional, or sexual abuse. General or specific neglect is also considered a violation of the state’s laws regarding child abuse and endangerment. Child exploitation includes forcing a child to engage in degrading or illegal behaviors. California also takes the child’s emotions into account. Emotional endangerment includes non-physical abuse that leads a child to misbehave, withdraw, or become hyperactive.
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What are the Penalties for Child Endangerment?
Depending on the situation, state, and case details, child endangerment can either be charged with a misdemeanor or felony.
Examples of penalties for misdemeanor child endangerment include:
- 6 months maximum in county jail.
- A fine not exceeding $1,000.
- Four years or more of summary probation.
- Injunctions preventing the defendant from committing other crimes of child endangerment.
- Minimum one-year attendance at a court-approved child abuse training program.
- If the defendant’s behavior is due to substance misuse, they must stop using drugs and alcohol immediately.
- Availability for random drug testing.
Examples of penalties for misdemeanor child endangerment include:
- Possible state prison sentences of 2, 4, or 6 years
- A fine not exceeding $10,000.
- 4 years minimum of formal probation
In Florida, all child endangerment charges are considered felonies, and the punishments are severe. You might face fines of thousands of dollars and years in prison. If convicted, losing custody of your children is almost inevitable, or you will be prohibited from having contact with the child.
Upon losing custody, you may be prohibited from having any contact with your child, or a trusted relative or social worker may supervise your visits. The courts will determine the limitations of visits and the duration of a no-contact order. Even if the charges do not pertain to the other children, if you have any, they may also be removed from your custody.
In Florida, felony charges stay on a person’s record permanently. Therefore, you are required to disclose them on most transactions, and depending on the circumstances, you may never be able to clear the charges.
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About The Author
Krizzia Paolyn is an SEO Specialist with a bachelor’s degree in Psychology. It has always been her passion to share her voice, and at the same time, to encourage other people to speak up.
