What You Should Know About Child Endangerment Laws

Although Arizona is one of the few states that doesn’t have a specific statute for child endangerment, the general charge of endangerment still carries severe penalties. According to ARS § 13-1201, the state defines endangerment as exhibiting reckless negligence for another person, putting them at severe risk for substantial injury or death.

If the victim is younger than 18, you’ll likely be looking at a felony charge. If you’re facing endangerment charges, Arizona board-certified criminal defense attorney Michael Alarid III is prepared to provide you with aggressive representation, using the full extent of his experience and expertise to defend you. 

Types of Child Endangerment

• Physical and Emotional Abuse: Physical abuse and inflicting intentional injury on a child is a prevalent subsect of child endangerment cases. However, physical contact isn’t required for an endangerment case. Emotional abuse, such as withholding affection or exposing a child to violent behavior, also classifies as endangerment because it can have lasting psychological effects that threaten their well-being.

• Sexual Abuse and Exploitation: Any form of inappropriate sexual behavior towards a child, including molestation, rape, indecent exposure or pornography qualifies as criminally abusive. Putting a child in a position where the guardian or parent should have suspected or knew about the risk for abusive behavior may also rise to the level of endangerment.

• Neglect: Neglect can come in many forms, such as failing to provide a child with essential care, including adequate food, clothing, shelter, hygiene, medical attention, etc. Neglect can arise from either physical or emotional absence.

• Abandonment: A common example is abandonment in Arizona is leaving children alone and unattended for hours in a car on a hot day. The length of time they’re left unattended, the conditions and frequency of contact can influence the severity of charges.

• Exposure to Drugs or Alcohol: Recklessly exposing a child to harmful substances, such as leaving drugs and alcohol in easy-to-reach places, constitutes endangerment.

• Endangerment Through Criminal Activity: Putting a child at significant risk because you commit a reckless crime in their presence, such as drunk driving or drug manufacturing or distribution, can result extra charges in addition to prosecution for the crime itself.

If My Child Takes My Prescription Without My Knowledge, Is That Child Endangerment?

The crux of child endangerment laws focuses on the actions of the caregiver. As long as the parent took care to secure their prescription medications and were unaware of the child's actions, they’ll most likely only face a misdemeanor charge at worst.

In cases where child endangerment charges involve drug-related activities, consulting with a drug lawyer can be crucial. Phoenix drug defense attorney Michael Alarid can provide expertise in navigating the complexities of drug laws and their intersection with child endangerment charges. He can assess the specifics of your case, challenge the prosecution’s evidence and work to build a defense strategy tailored to your situation.

Penalties and Jail Time for Child Endangerment

The penalties depend on the severity and intentionality behind the crime. According to A.R.S. § 13-705, if the perpetrator was criminally negligent – or unknowingly betrayed their duty of care – then the endangerment charge is typically a class 4 felony and is punishable by one to three years in prison. However, if the crime was committed recklessly – meaning with a willful disregard for others – then it becomes a class 3 felony with a maximum of seven years in prison.

If the child was at risk of imminent death due to the perpetrator’s intentional and malicious actions, it’s classified as a class 2 felony punishable by upwards of 10 years in prison. The most aggressive punishments are typically reserved for sexual abuse cases. These tend to have aggravated penalties, ranging from a minimum of 13 years to a lifetime prison sentence, depending on if the victim was younger than 15 or if there have been previous convictions.

Work With an Experienced Phoenix Lawyer Who Will Zealously Defend You

Arizona board-certified criminal defense attorney Michael Alarid III understands the stakes of your case and what is on the line, and he’s ready to fiercely protect your life and reputation.

The Law Office of Michael Alarid III will develop a compelling defense strategy on your behalf, compiling straightforward evidence and investigating the actions of law enforcement in your case. No matter what you’re being accused of, Michael Alarid III will fiercely protect your continued freedom, fighting to secure the best possible outcome for your case.

To book a free, one-on-one case consultation, call (602) 818-3110 or complete our online contact form today.