Child endangerment is a serious offense in Texas and can result in lifelong consequences. This offense occurs when someone knowingly, recklessly, or with criminal negligence, places a child under fifeteen in danger of harm, injury, or death. Understanding how Texas law defines and penalizes child endangerment is critical if you are facing charges. To learn more, continue reading and reach out to our dedicated and experienced Houston criminal defense attorneys to discuss the details of your case and your options.
What Is Child Endangerment In Texas?
Texas law finds that child endangerment occurs when an individual either intentionally, knowingly, recklessly, or with criminal intent, partakes in conduct that would endanger a child under the age of 15 years old. This offense is defined under Texas Penal Code § 22.041. Some instances of imminent danger include bodily harm, death, or physical/mental impairment.
However, it’s important to understand that child endangerment does not require actual harm to occur. In accordance with Texas law, simply placing a child in a situation where there is a substantial risk of harm is enough to warrant criminal charges, even if no injury occurs.
Common Examples of Child Endangerment
- Manufacturing controlled substances in front of a child
- Possessing or using a penalty group 1 drug in front of a child
- Driving while under the influence of drugs or alcohol with a child in the car
- Engaging in sexual activity in front of a child
- Leaving a child in the presence of an unsecured firearm
Additional Situations That Can Lead to Charges in Houston
- Abandoning a child in unsafe or unsupervised conditions
- Failing to provide necessary care or protection
- Allowing a child to remain in an environment involving illegal drug activity
- Exposing a child to repeated instances of domestic abuse
- Reckless conduct that creates a foreseeable risk of harm
What Are The Consequences Of Child Endangerment In Texas?
If you have been charged with child endangerment in Houston or the surrounding area, it is likely that you will face a number of severe, life-altering consequences.
It’s important to understand that, in addition to criminal penalties, like jail time and fines, a child endangerment conviction can have lasting repercussions on the life of someone convicted for this offense. This can include difficulty securing employment, housing, or professional licensing due to the criminal record this offense can create. Additionally, parental rights may be restricted, and Child Protective Services (CPS) may remove the child from the home.
- Abandoning your child with the intent to return: state jail felony, punishable by a potential $10,000 fine and up to two years in jail
- Abandoning your child with no intent to return: a potential $10,000 fine and up to 10 years in prison
- Placing their child in imminent danger: a potential $10,000 fine and up to 20 years in prison
Factors That May Increase Penalties
- Prior criminal history can elevate charges and sentencing severity
- Cases involving serious bodily harm or death will result in harsher penalties
- Repeat offenses or multiple victims increase potential prison time
- Use of drugs or weapons during the offense can lead to enhanced sentencing
- Prosecutors may pursue enhanced penalties for cases involving vulnerable victims
What Should You Do if You are Charged with Child Endangerment in Texas?
If you are accused of and subsequently charged with endangering a child in Texas, taking immediate and informed action is critical to protect your rights and future.
Immediate Steps to Take
- Do not speak to police or law enforcement without an attorney present
- Do not make statements that may be misinterpreted or used against you
- Document your version of events by creating a timeline and gathering evidence to support your claims
- Contact witnesses or individuals who can assist in your case
- Contact an experienced criminal defense attorney immediately
Contact Our Experienced Houston Criminal Defense Firm
As you can see, child endangerment is a serious offense in Texas. That is why if you have been charged with this conviction, you will need to retain the services of one of our skilled Houston criminal defense attorneys with the Gonzalez Law Group. Our legal team is on your side and will help you combat these charges so that you can get your life back. Reach out to our firm today to get started.