Child Endangerment is a serious crime. Being charged can also be both confusing and infuriating, especially when you know that you have not placed the child in any real danger.
Cincinnati Child Endangerment Defense Attorney
While many charges in these cases are valid, it is also true that some charges can stem from a misunderstanding by bystanders or law enforcement regarding your child. Overprotective bystanders or school faculty may call the police, and the police may press charges, even if you did nothing wrong.
Therefore, if you or someone you know have been charged with child endangering in Cincinnati Ohio or its surrounding areas, you need to contact the Wieczorek Law Firm, LLC today. Mark Wieczorek has been defending clients accused of this crime since 2008 and is ready to aggressively defend your case.
Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Child Endangerment Laws in Ohio
- Child Endangerment under Ohio Laws
- Examples of Child Endangerment
- Mandatory Reporting and Related Laws
- Penalties for Child Endangerment in Ohio
- Impact of a Child Endangerment Conviction
- Case Law
- Additional Resources
- Hire a Lawyer for Child Endangerment in Cincinnati, Ohio
Child Endangerment under Ohio Laws
Child endangerment involves actions or failures to act that put a child at risk of physical harm, mental harm, or neglect. Under Ohio law, this offense is codified under Ohio Revised Code (ORC) Section 2919.22 as the following:
No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.
Statutory Definition
- Abusing a child
- Torturing or cruelly abusing a child
- Administering excessive corporal punishment
- Restraining a child for a prolonged period
- Repeatedly administering unwarranted disciplinary measures that may retard the child’s mental health or development
- Allowing, directly or indirectly, a child to be photographed or otherwise recorded for some obscene, sexually-oriented matter
- Allowing the child to be on the same piece of property of a marijuana grow house
- Driving while intoxicated or inebriated with a child present in the car
Examples of Child Endangerment
Some examples of child endangerment include:
- Locking a child in a car
- Refusing to provide medical care
- Dispensing cruel punishment, such as refusing to feed your child
- Refusing to clothe your child
- Allowing your child to violate truancy laws
- Allowing your child to play with guns or use firearms while unsupervised and untrained
Some examples of what may not be considered child endangerment include:
- Yanking a child’s arm to pull them out of the way of a moving car. While this may harm the child by bruising or dislocating their arm, the action was intended to prevent serious injury from colliding with the car.
- Spanking a child with a belt in a manner that is not excessive or overly cruel.
Mandatory Reporting and Related Laws
Ohio law mandates that certain professionals, including teachers, healthcare providers, and social workers, report suspected child abuse or neglect. Failure to report child abuse or endangerment can result in criminal charges against the mandated reporter.
Related Offenses
- Child Abuse (ORC 2151.031): Involves intentionally causing physical or emotional harm to a child.
- Contributing to the Delinquency of a Minor (ORC 2919.24): Encouraging or enabling a child to engage in unlawful behavior.
Penalties for Child Endangerment in Ohio
The penalties for child endangerment depend on the nature and severity of the offense. They range from misdemeanors to felonies, with enhanced penalties for repeat offenders or cases involving severe harm.
First-Degree Misdemeanor: Child endangerment that does not result in physical harm is typically charged as a first-degree misdemeanor.
- Penalties include:
- Up to 6 months in jail.
- Fines up to $1,000.
Fifth-Degree Felony: If the child suffers physical harm as a result of drunk driving or the offender has a previous conviction involving abuse or neglect, the offense is escalated to a fifth-degree felony.
- Penalties include:
- 6 to 12 months in prison.
- Fines up to $2,500.
Fourth-Degree Felony
If the offender has a prior conviction related to abuse or neglect the charge is elevated to a fourth-degree felony. The crime is also elevated to a fourth-degree felony if they have a prior conviction for causing harm to a child while drunk driving.
- Penalties include:
- 6 to 12 months in prison.
- Fines up to $2,500.
Third-Degree Felony
If the harm is severe or involves abuse, the charge is escalated to a third-degree felony. Charges related to torture, excessive corporal abuse, retardation of the child’s development, or allowing the child to live near grow house, are also causes to increase the charge to a third-degree felony.
- Penalties include:
- 9 to 36 months in prison.
- Fines up to $10,000.
Second-Degree Felony: Child endangerment resulting in death or involving extreme circumstances, such as drug exposure, is a second-degree felony.
- Penalties include:
- 2 to 8 years in prison.
- Fines up to $15,000.
Impact of a Child Endangerment Conviction
A conviction for child endangerment carries long-term consequences beyond legal penalties. In addition, some of these penalties are social, such as the loss of respect within one’s family and friend groups, and some penalties are more concrete, such as the loss of parental rights, establishment of protection orders and prison or jail sentences.
Additionally, if you are found guilty of child endangerment, you may be treated with extreme suspicion from hospital staff and law enforcement with any matter that deals with your child.
Case Law
State v. McGee (1997) establishes that the parent must act with disregard for the child. Actions taken to benefit the child, even if they ultimately harm the child, may be found legal.
State v. Martin (1999) proved that simply leaving a child in a car is not tantamount to child endangerment. Rather, other circumstances must be present such as weather (State v. Lewis, 2011, State v. Morton).
The failure to remove a child from an unhealthy state as illegal has been established multiple times including as State v. Caton (2000) and State v. Lewis.
Ohio has proven aggressive in cases where family members fail to prevent child endangerment, as State v. Legg (1993) and the prior State v. Schultz (1982).
Additional Resources
- Ohio Revised Code Section 2919.22 – This section of the Ohio Revised Code defines the offense of child endangerment, outlining prohibited actions, associated penalties, and legal definitions pertinent to child protection in the state.
- Ohio Child Abuse Laws – This page provides an overview of Ohio’s child abuse and endangerment laws, including statutory references and explanations of related offenses. It should supplement this article to provide context to the legal framework surrounding child protection in Ohio.
Hire a Lawyer for Child Endangerment in Cincinnati, Ohio
If you or someone you know have been charged with child endangerment in Cincinnati, Ohio, contact the Wieczorek Law Firm, LLC today.
Mark Wieczorek is a criminal defense lawyer who serves clients in Southern Ohio, as well as Hamilton County, Butler County, Warren County, Brown County, Clermont County, Greene County, Scioto County, and Highland County. Call (513) 317-5987 for your free consultation.