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Curtis Staropoli
Curtis Staropoli, Lawyer
Category: Criminal Law
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Experience:  17 years of general practice of law.
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I was charged with child endangerment in Kansas City, MO for

Resolved Question:

I was charged with child endangerment in Kansas City, MO for leaving my child in the car unattended for 9 minutes. What are the possible outcomes if I am a first time offender and is this illegal in Missouri?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Curtis Staropoli replied 5 years ago.

Well, there are a couple of provisions in the MO Code relating to child endangerment:

 

Endangering the welfare of a child in the second degree.

568.050. 1. A person commits the crime of endangering the welfare of a child in the second degree if:

(1) He or she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years old; or

(2) He or she knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or

(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years old, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031, RSMo; or

(4) He or she knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 195.130, RSMo; or

(5) He or she operates a vehicle in violation of subdivision (2) or (3) of subsection 1 of section 565.024, RSMo, subdivision (4) of subsection 1 of section 565.060, RSMo, section 577.010, RSMo, or section 577.012, RSMo, while a child less than seventeen years old is present in the vehicle.

2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.

3. Endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.

 

Endangering the welfare of a child in the first degree, penalties.

568.045. 1. A person commits the crime of endangering the welfare of a child in the first degree if:

(1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; or

(2) The person knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody;

(3) The person knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 195, RSMo;

(4) Such person enlists the aid, either through payment or coercion, of a person less than seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport, test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues; or

(5) Such person, in the presence of a person less than seventeen years of age or in a residence where a person less than seventeen years of age resides, unlawfully manufactures, or attempts to manufacture compounds, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.

2. Endangering the welfare of a child in the first degree is a class C felony unless the offense is committed as part of a ritual or ceremony, or except on a second or subsequent offense, in which case the crime is a class B felony.

 

Leaving a child unattended in a motor vehicle who causes an accident --first and second degree, penalties.

568.052. 1. As used in this section, the following terms mean:

(1) "Collision", the act of a motor vehicle coming into contact with an object or a person;

(2) "Injury", physical harm to the body of a person;

(3) "Motor vehicle", any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks;

(4) "Unattended", not accompanied by an individual fourteen years of age or older.

2. A person commits the crime of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian. Such person shall be guilty of a class C felony.

3. A person commits the crime of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian. Such person shall be guilty of a class A misdemeanor.

 

Only the second degree offense seems even potentially applicable here, which means that -- if convicted -- it is a class A misdemeanor and should carry not much more than probation, a suspended sentence for a 1st offender.

 

 

 

Customer: replied 5 years ago.
If I were to get probation, what are the terms? Also, with this on my record can I become a school teacher (I am currently in school to be a mathematics teacher)?
Expert:  Curtis Staropoli replied 5 years ago.

I cannot tell you how you will be potentially sentenced, or what the terms of any probation sentence would be.

 

If I were you, reading the terms of these statutes, if you are charged with any of them (and the third one seems totally inapplicable) -- I would hire an attorney and fight the charges. I do not think that it is a slam dunk by any means even under the 2d degree statute that you can be convicted.

 

 

 

Curtis Staropoli, Lawyer
Category: Criminal Law
Satisfied Customers: 798
Experience: 17 years of general practice of law.
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