Child Endangerment vs. Child Abuse: Key Differences

Both are serious criminal offenses with penalties depending on the severity and circumstances. Convictions can result in jail time, fines, and loss of custody rights.

Situations occur where people have lapses in judgment and don’t realize their kids are at risk of being hurt. If you’ve been charged with child abuse or child endangerment, it is critical that you have expert legal help. A defense attorney near you can help you understand your charges and recommend next steps.

This article explains the differences between child abuse and child endangerment. It also discusses the penalties for these offenses and what to expect if the state charges you with either of these crimes.

Legal Definitions of Child Abuse and Child Endangerment

When most people think of child abuse, they assume it’s limited to physical abuse. But, you can face criminal charges for other types of abuse, such as emotional abuse or sexual abuse. Sexual abuse is one of the most serious types of child crimes.

Aside from child abuse, where the child suffers actual harm, there is also a crime called child endangerment. You may face child endangerment charges even if your child (or the child in your care) suffers no physical injury.

Child endangerment involves someone unreasonably placing a minor child in harm’s way. The state doesn’t have to prove that you meant to put the child at risk. It must only show that the child was at a heightened risk of harm as a result of your actions.

Common Forms of Child Abuse

There are several types of child abuse. The most common type is physical abuse. It is impossible to justify beating or physically harming a child. Many years ago, the state looked the other way when parents used corporal punishment to get their kids to behave.

It is no longer acceptable to strike your child when they misbehave. Regardless of how a child behaves, it is against the law to subject them to physical abuse.

Some of the other types of child maltreatment include:

• Child Sexual abuse
• Emotional abuse
• Medical abuse (withholding medical care or subjecting to unnecessary health care procedures)
• Child neglect

If law enforcement or a social worker learns that you’re abusing your child (or any child), they will arrest you, notify Child Protective Services (CPS), and pursue criminal charges.

Examples of Child Endangerment

Child endangerment is similar to child neglect. It does not require that you harm a child. Instead, child endangerment occurs when you create a situation in which there is a high risk of them suffering harm.

Some common examples of child endangerment include the following:

• Leaving a gun in your house within reach of young children
• Driving while under the influence of drugs or alcohol while children are in the vehicle
• Allowing your minor children to drink or use drugs
• Knowingly leaving your children in the care of someone who abuses drugs or alcohol
• Failing to seek medical care when your child is sick or hurt

If law enforcement learns of any of these situations, they have the right to arrest you for child endangerment. It does not matter what relationship you have with the child.

Who Can the State Charge With Child Abuse or Child Endangerment?

The law is clear when it comes to who the state can charge with child abuse and child endangerment.

Regarding child abuse, the state typically only charges individuals who provide direct care to a child. This could include a parent or guardian, but it may also include a caregiver. For example, law enforcement may arrest a childcare worker for physically harming one of their charges.

Child endangerment laws work differently. Anybody who puts a child at risk of harm may face child endangerment charges. You don’t have to be an official caregiver to the child to face these charges.

Child Abuse, Neglect, and Endangerment and Mandated Reporters

The law requires certain professionals to report suspected child abuse, neglect, or endangerment. These people are “mandatory reporters.” If a mandated reporter fails to report potential abuse or endangerment, they may face misdemeanor charges and professional censure.

The most common mandated reporters include:

• Teachers
• Mental health professionals
• Clergy
• Social workers
• Human services/social services workers
• Coaches

Anybody responsible for a child’s welfare must report suspected abuse, be it emotional abuse or sexual exploitation. This can be difficult as it involves sensitive information and what feels like an invasion of someone’s privacy. But, the legal system’s primary concern is a child’s well-being. This is paramount to preserving somebody’s feelings or reputation.

Penalties for Child Abuse vs. Child Endangerment

The penalties for child abuse and child endangerment depend on many factors. State law is the most significant factor to impact your punishment. Some states treat child abuse as a felony and child endangerment as a misdemeanor.

Other states determine the penalties on a case-by-case basis. For example, your punishment may be more severe in a child endangerment case compared to a child abuse case involving emotional abuse alone.

The best thing to do is check your local and state laws to determine the specific penalties for these crimes. You should also remember that you may face a civil lawsuit from the child’s parents or guardians.

Questions About Child Abuse or Endangerment? An Attorney Can Help

If you’re facing criminal charges for child abuse or child endangerment, consult an experienced defense attorney. These crimes carry severe penalties, and a conviction of any crime involving a child’s welfare will impact you personally and professionally.

A criminal defense attorney will review the state’s case against you and help work toward an acquittal. They can also try to negotiate a favorable plea bargain with the prosecutor or help you appeal a conviction.