My son ran from the police with his girl friends kids in the car. He was charged with two counts of child endangerment, 1st degree, class C. He was offered two different plea bargains. The first was a 120 with 5 years probation. The second was 5 years concurrent. He had already done 6 Months in county and wanted parole and not the 5 years probation. So, on the advise of his attorney, he took the 5 years thinking that he would be out in 5 or 6 additional months. When he took the sentence, he had heard in jail that Child Endangerment falls within the realm of "sex offender" Which would mean he would have to file as a sex offender and serve a longer percentage. His attorney assured him this wasn't true. Howerver, I looked this up on MO SAC and it appears that it is a real concern. My question: In the State of Missouri, does Child Endangerment require a longer percentage served and will he have to register as a sex offender. If so, is there anything we can do since he was misinformed by his attorney after we repeatedly inquired about this concern.
Country relating to Question: United States
State (if USA): Missouri
Hired an attorney to represent him. But are questioning the outcome.
Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney here to assist you.
Here's the statute:§ 568.045. Endangering the welfare of a child in the first degree, penalties1. 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;(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, possesses, 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.3. This section shall be known as "Hope's Law".The annotations to the statute state that a charge under Mo. Rev. Stat. § 568.045.1(1) is not in and of itself a sexual offense; thus, when defendant was charged with allowing the victim to be sexually molested, but not acting with the victim's stepfather as a co-conspirator or an accessory, the charges did not fall under the 10-year statute of limitations under Mo. Rev. Stat. § 556.037 and thus were properly dismissed. State v. Rains, 49 S.W.3d 828, 2001 Mo. App. LEXIS 1263 (Mo. Ct. App. 2001).Thus, as long as he was charged under subsection (1) and not subsection (2), it is not a sexual offense, and he should not be considered a sex offender.
It would have been subsection (1) since a sexual act was not performed. We are just concerned because it falls within the Sex Offense Catagory. So the subsections designate whether or not it is a sex offence. Just too make sure, can you tell me how to find out which subsection he is charged under?
Can you tell me if Child Endangerment carries a longer percentage of time served. He was also charged with tampering with a car. When I looked it up on Mo SAC it said the tampering charge carried a minimum time served of 15% but the child endangerment said he would have to serve a minimum of 35%.
The indictment should state what specific statute and subsection he is charged under. Also, any order entered by the court will say this. If his attorney has told you that you've got nothing to worry about, I'm sure that he's not charged under the "sex offense" portion of the law. As for the percentage of time to serve, sex offenses requires the offender to serve every day. However, most other offenses require a smaller percentage. Here's a link that outlines the sentencing guidelines: http://www.mosac.mo.gov/page.jsp?id=45441. It appears that 40% would apply.
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