subject: Criminal Defense Lawyer: Stopping The Particular Growth Of Child Endagerment [print this page] Criminal Defense Lawyer: Stopping The Particular Growth Of Child Endagerment
Every week, the news media jolts us with a fresh account about another instance of child endangerment. Some include ditzy celebrities putting their kids at risk; others are hideous cases of child abuse or neglect from the population at large. Under U.S. criminal law, "child endangerment" contains any act that puts a child into a potentially harmful situation, possibly through neglect or outright misconduct by a responsible grownup. Based on the circumstances, and the degree of injury to the victim, child endangerment could be either a crime or simply a misdemeanor.
Youngster endangerment is a criminal offense which involves the subjection of minor children to unacceptable or dangerous situations. It is not the same as child maltreatment, which entails direct injury to kids, but carries a similar penalty in the American judicial structure. Usually, parents and other people accountable for children break child endangerment laws without knowing that their particular conduct is criminal. For example, a dad who has too many drinks while he's watching his four-year-old boy could be tried for kid endangerment simply because he was inebriated while he was in charge of a young child. The objective of child endangerment laws is to keep children from seeing adult or illegal activity, and to protect them from situations in which they could get injured.
Child Endangerment laws make it a crime to endanger the wellness or life of a youngster through an adult's recklessness or indifference. Some states include child endangerment crimes in existing child abuse statutes. Other states made child endangerment a different offense. Georgia is the only state in the United States with no specific criminal child endangerment statute, and currently prior to the 2002 Georgia General Assembly is House Bill 453, drawn up to create such an offense. This particular post analyzes the issues surrounding the possible enactment of this proposed law.
For purposes of this assessment, a child endangerment law shall be described as a law creating a criminal offense, either misdemeanor or felony, which establishes a standard of criminal negligence and criminal liability, for conduct or omission of conduct to a child which produces a substantial risk of injury to the child. The legal definition of criminal negligence in the direction of a young child specifies or implies a legal responsibility that has been breached by a person who has custody and control over the child placed at risk. Just how the Georgia General Assembly defines the lawful responsibility, the risk of danger a child encounters, the mens rea required to produce criminal legal responsibility, and if there shall be statutory exceptions for particular types of conduct, are questions the courts will review carefully.
Chemical endangerment of a minor is a punishable offense. It describes the act or instance of purposefully exposing a child to chemicals or controlled substances and thus causing harm. The direct exposure can be even while the little one is in the mother's womb. Neglect is frequently defined as the failure of a parent or other individual with responsibility for the child to supply the required meals, clothes, refuge, medical care, or supervision such that the youngster's health, security, and well-being are threatened with harm.
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