Committing a criminal act is punishable by law, but when the crime is committed in the presence of a child, the punishment is often more severe. If you, or someone you know, has been charged with committing a crime in the presence of a child, learn about some of the special circumstances that could apply.
Child Endangerment
Commonly, an individual accused of committing a crime in the presence of a child may have a child endangerment charge added to their charge list. In terms of the law, child endangerment can be summed up as an action of an adult that directly places the safety of the child in danger, in any capacity. Again, it is important to note that this charge is additional, so it can come with additional jail time if convicted.
Endangerment Circumstances
Anyone charged with this crime must understand that the umbrella that covers the scenarios that fall under endangerment is large. Endangerment does not have to include an immediate and direct danger, such as firing a weapon in the presence of a child. It can also include situations like manufacturing controlled substances in the presence of a child. Any incident that threatens the physical, emotional, or mental safety of a child is taken seriously.
Intention and Guilt
Intention is not a threshold for a conviction of child endangerment. If a person commits a crime with a child present, the prosecutor does not have to prove they intended to put the child in danger; the law only states that the potential for danger exists. Take storing controlled substances in a home where the child lives, for instance. The fact that the child could possibly access the drugs is often a high enough legal threshold to charge someone with child endangerment.
Awareness and Known Negligence
On the other hand, the law does typically require awareness, or known negligence, on the part of the accused. More specifically, the individual typically must be fully aware that that the child is present, and therefore, that their actions will jeopardize the child's safety. For this reason, a person who commits a crime and is unaware of the child's presence might not be charged with endangerment.
It is advisable for any person charged with a crime to seek the counsel of an attorney. However, if you are accused of committing the act in the presence of a child, make sure you seek legal assistance. For more information, contact a criminal law attorney near you to learn more.
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