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jamest
jamest, Private Investigator
Category: Criminal Law
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Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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to what extent do you have to prove to a judge for ...

Resolved Question:

to what extent do you have to prove to a judge for felony child endangerment?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  jamest replied 6 years ago.
are you speaking about proving child endangerment as a crime, or are you questioning what the judge would find to alter custody of the children?
Customer: replied 6 years ago.
Reply to jamest's Post: Both sir. I would like to have full custody and put her in prison.
Expert:  jamest replied 6 years ago.
OK Here is the Texas statute which applies:
§ 22.041. ABANDONING OR ENDANGERING CHILD.
(c) A person commits an offense if he intentionally,
knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way
introduced into the body of any person the controlled substance
methamphetamine in the presence of the child;
(2) the person's conduct related to the proximity or
accessibility of the controlled substance methamphetamine to the
child and an analysis of a specimen of the child's blood, urine, or
other bodily substance indicates the presence of methamphetamine in
the child's body; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.

(f) An offense under Subsection (c) is a state jail felony.

Mushrooms which cause intoxication do so with the following chemicals: psilocybin and psilocin, there are sometimes other similar chemicals, but these are the most common.

Phencyclidine, is the chemical name of PCP

According to the child endangerment law, there is a presumption that the person endangered a child if they illegally use any substance listed under 481.102 in penalty category 1.

Phencyclidine listed under 481.102(4)(8) which is in penalty group 1.

The mushroom toxins are both listed under penalty group 2, and the presumption that the endanger a child is not specified.

Since phencyclidine(PCP) meets this definition, it is presumed that a child in her custody was in danger if she used that substance while having custody of the children.

As far as I can tell the positive test for PCP alone should be enough for the judge to find that she violated this law, and that as a result of that violation, her children were in danger. As far as criminal charges are concerned, that is up to the state, but you certainly can express your opinion to them. So I think based on what you have said that you have a legitimate issue to raise before a judge. Hope this was helpful, good luck with the case, and hopefully the court will allow you to protect your children.
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant