What Are the Consequences of Child Endangerment in Illinois?

 Posted on October 24, 2024 in Criminal Defense

Child endangerment is when a person places the life or health of a child under 18 in danger or at risk. It is a serious crime in Illinois that can be treated as a misdemeanor or felony depending on the circumstances. A child endangerment offense not only carries serious criminal penalties but can also involve legal consequences beyond prison time and fines. This article will discuss those consequences and what constitutes child endangerment. If you have any questions about a child endangerment charge or if you need assistance with a particular case, contact an Illinois criminal defense attorney today.

What Is Considered Child Endangerment in Illinois?

Illinois law defines child endangerment as endangering the life or health of a child under 18 or placing the child in a situation that puts him or her in harm’s way. This is a fairly broad definition, so courts often determine child endangerment on a case-by-case basis. Still, there are certain scenarios that a reasonable person would know pose a danger to a child. Bringing a child into a drug den, for example, presents a clear risk to the child’s health.

One form of child endangerment that is specifically addressed by the law is the abandonment of a child in a vehicle. Under 720 ILCS 5/12C-5, leaving a child under six unattended in a car for more than 10 minutes constitutes child endangerment. The child is only considered "attended" if accompanied by someone aged 14 or older.

What Are the Penalties for Child Endangerment?

The penalties for child endangerment depend on whether it is charged as a misdemeanor or a felony. For example:

• A first-time offense will likely be charged as a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500. 
• A subsequent offense may be charged as a Class 3 felony and carry a prison sentence of two to five years.
• If the act of endangerment leads to the death of the child — referred to as aggravated child endangerment — it is also considered a Class 3 felony. In this case, however, the prison sentence may be extended to 10 years.
• Parents who are charged with endangerment of their own children may face probation.

These penalties, while severe, are not the only legal consequences of a child endangerment conviction.

What Are the Additional Legal Consequences of a Child Endangerment Offense?

Like other crimes, a child endangerment conviction can earn you a permanent criminal record. This can affect your rights to vote and own a firearm in addition to your ability to find employment opportunities.

A unique consequence of a child endangerment offense is that it can impact child custody or visitation rights if you are a divorced parent. A court may view a child endangerment conviction as a sign that you are a threat to the child’s well-being and restrict your parental access. This is especially likely if your charges trigger an investigation by the Illinois Department of Children and Family Services (DCFS).

Contact a Chicago, IL Child Endangerment Defense Attorney

The consequences of a child endangerment charge can be far-reaching, which is why you should have the best legal defense possible. At Luisi Legal Group, we will create a personalized legal strategy tailored to your specific case, designed to protect your rights and your future. Schedule a free consultation with a Cook County, IL criminal defense lawyer by calling 773-276-5541 today.