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Endangering the Welfare of Children
There is a widely held belief that child endangerment charges in Pennsylvania are only applicable when someone intentionally harms a child. However, this is not entirely accurate. In fact, Pennsylvania law considers any situation where a child’s well-being is jeopardized under adult supervision as child endangerment.
This misconception often catches parents or guardians off guard when they find themselves under investigation for this offense. Worse yet, if a third party reports you with ill intentions, the charges you face could be exaggerated or even false.
Fortunately, if you are facing accusations of child endangerment, there is hope. With the support of a skilled Pittsburgh domestic violence defense attorney, you can mount a strong defense to protect yourself from the severe consequences of a conviction.
Endangering the Welfare of Children Definition
According to Pennsylvania’s criminal code, specifically Chapter 18, Section 4304, child endangerment is defined as follows: Anyone entrusted with the welfare of a child under the age of 18, whether it be a guardian, parent, or any other responsible individual, who knowingly puts the child’s well-being at risk by violating a duty of protection, support, or care, is guilty of child endangerment. This law also extends to those who oversee or employ individuals responsible for a child’s welfare.
Additionally, it is important to note that under Pennsylvania law, anyone who, in an official capacity, obstructs or hinders the reporting of suspected child abuse can also be charged with child endangerment. Whether it is a single violation or multiple instances, each violation will be considered as individual offenses. In some cases, multiple violations may even be treated as a felony under the course of conduct.
When it comes to safeguarding the future of your child and defending yourself against child endangerment charges, seeking reliable legal representation is crucial. Reach out to a seasoned Pittsburgh DUI attorney who can fight for your rights and help mitigate the potential consequences of such allegations.
Examples of Child Endangerment
Child endangerment is a more pervasive issue than many realize. Any situation that compromises a child’s safety constitutes endangering the child’s welfare, making it an offense that can lead to arrest.
The court generally applies a standard based on what an average parent or guardian would consider a high risk or morally wrongful behavior. Given the broad nature of this term, it is important to be aware of specific actions that can result in a child endangerment charge in Pennsylvania:
- DUI with a child in the car
- Neglecting the home environment, allowing it to become unsanitary or unsafe
- Using or possessing illegal drugs in the presence of a child
- Failing to provide medical attention to a sick or injured child
- Allowing a child to ride on the back of an ATV or any open-air motor vehicle without the appropriate safety restraints
- Engaging in a physical altercation with a spouse that accidentally injures a child
Child Endangerment Penalties in Pennsylvania
Child endangerment penalties in Pennsylvania vary depending on the specifics of each case. In general, it is considered a first-degree misdemeanor, punishable by a fine of up to $10,000 and imprisonment for up to 5 years.
However, if the prosecutor can establish, beyond any doubt, that the offender has a history of such behavior, also known as a course of conduct, the offense becomes a third-degree felony. This upgrades the penalties to include a fine of up to $15,000 and a prison term of up to 3 ½ years.
Child Endangerment
No matter the circumstances, if you find yourself facing child endangerment charges in the Pittsburgh area, or in West Virginia or Ohio, it is crucial to have a Pittsburgh criminal attorney who comprehends the intricacies of the family court system and who will vigorously advocate for the best possible outcome. At Logue Law, our domestic violence criminal defense attorneys, led by Sean Logue, possess the expertise and tenacity necessary to protect your rights and your future. Contact us now at (844) PITT-DUI or visit our website to schedule a free initial consultation.