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I'm involved in a child endangerment case that I have

Customer Question
I'm involved in a...

I'm involved in a child endangerment case that I have questions about

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

In texas

Lawyer's Assistant: Has anything been filed or reported?

Well I just post bond but they charged me for the child endangerment so I'm just waiting on my court date I'm new to this is my first time ever being involved with the law

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 9 months ago.Category: Criminal Law
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Answered in 5 minutes by:
9/17/2017
Criminal Lawyer: RayAnswers, Lawyer replied 9 months ago
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 47,623
Experience: licensed attorney in criminjal law for 30 years
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Criminal Lawyer: RayAnswers, Lawyer replied 9 months ago

According to the Texas Penal Code, there are two separate offenses that can be prosecuted as child endangerment. One is covered by abandonment law and the other is defined by endangerment law. In both situations, Texas authorities have the right to arrest anyone who has committed one of these acts against a child that is 15 or under.

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Criminal Lawyer: RayAnswers, Lawyer replied 9 months ago

Abandonment law governs that it is illegal to leave a child any place without providing reasonable care for that child. The Texas Penal Code maintains that this law is in place unless there is a reason why any similarly situated adults would leave the child of this age and ability in the circumstances. For example, leaving a child to go and get professional help or leaving a child momentarily to locate his or her parents may be considered rational and would not be prosecuted as child endangerment.

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Criminal Lawyer: RayAnswers, Lawyer replied 9 months ago

Coming along a lost child and driving by, however, would be considered child endangerment. It is considered a crime to intentionally abandon a child under any circumstances which would expose that child to an unreasonable risk of harm.

If a person delivers an injured child to an emergency infant care provider, then this is considered acceptable behavior and will not be prosecuted as abandonment,

As well, the Texas Penal Code declares that it is easy to put a child in danger under endangerment law. This is any act that could post the risk of death, bodily harm, or physical and mental impairment to a child 15 or under. This includes any conduct that is intentional and reckless, such as dangerous driving or asking children to walk along a high height without a guard rail. As well, any criminally negligent behavior that is carried out by either omission or act can be considered endangerment violations.

In both instances, an offender may be required to pay up to $10,000 in fines.

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Criminal Lawyer: RayAnswers, Lawyer replied 9 months ago

Generally, an offense of child abandonment or child endangerment is a state jail felony, though the presence of certain aggravating circumstances in child abandonment cases can increase the charge. A state jail felony is punishable by 180 days to two years in prison and/or a maximum fine of $10,000. Child abandonment is only a state jail felony if the offender intended to return for the child. If the offender did not intend to return for the child, child abandonment is a third-degree felony punishable by two to ten years in prison and/ or a maximum fine of $10,000.

Child abandonment is a second-degree felony if the offender abandons the child in his or her care, custody, or control under circumstances a reasonable person would believe would cause the child imminent danger of mental impairment, physical impairment, bodily injury, or death. Second-degree felony convictions come with two to 20 years of prison time and/ or a maximum fine of $10,000.

Let me know if you have more follow up here, appreciate the chance to help you.

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