Every day, parents and caregivers in Colorado face charges of child abuse and neglect. These charges are often substantiated with evidence, and in many cases they’re easy to prove. The same cannot be said about child endangerment charges. If someone endangers a child in Colorado, they place the child in harm’s way — but the child may not have suffered any harm. This area of the law is somewhat subjective, and if you don’t have a legal background, it can be confusing. The good news is that when you have an experienced attorney, your attorney can use the ambiguity in the law to your advantage. So what is considered child endangerment in Colorado? Here’s a closer look.
If you are facing child endangerment charges in Colorado, your relationship with your child, your future, and your family’s future are all at risk. An experienced criminal defense lawyer can help increase your chances of a favorable outcome.
Child Abuse vs. Neglect vs. Endangerment
The Law Isn’t Always Clear
Children are among our most vulnerable citizens, and Colorado takes their welfare very seriously. If an adult harms or attempts to harm a child, they may find themselves facing charges of child abuse, child neglect, or child endangerment. Many people consider abuse, neglect, and endangerment to be different things.
However, child endangerment charges in Colorado are based on Colorado’s Rev. Stat. § 18-6-401, a collection of laws concerning child abuse. Under these laws, someone commits child abuse if they do any of these:
- Injure a child’s “life or health”
- Unreasonably allow a child to be placed in a situation where their life or health is threatened
- Allow a child to become malnourished, mistreated, or punished in a way that ultimately causes the child serious injury or death.
The second of those points is what most people mean when they talk about child endangerment. The “unreasonably” factor is important. For instance, if you’re driving in a car with your child and following all traffic laws and someone else causes an accident, your child’s life and health are threatened. However, because your actions (driving safely and legally with your child) are reasonable, you haven’t endangered your child.
On the other hand, if you drive while intoxicated, have your child in the car, and cause an accident, your actions aren’t reasonable; having a child in the car with you while you’re under the influence (and even driving under the influence alone) is dangerous.
The terminology can be confusing, but ultimately, in Colorado, child endangerment is a type of child abuse. However, because the law itself leaves a lot open to interpretation, it may be helpful to look at some examples of common child endangerment charges.
Colorado Child Endangerment Examples
What is considered child endangerment in Colorado? These are some of the common examples we’ve seen.
Driving Under the Influence (DUI) or Reckless Driving with a Child in the Car
If you’re arrested for DUI or reckless driving and you have your child with you, you may find yourself facing Colorado child endangerment charges as well. Some people argue that the child was not in danger if they were in a proper car seat. However, because driving under the influence and driving recklessly are both dangerous in themselves, making sure your child is in the proper seat is not enough to defend you from these charges.
Leaving a Young Child Unsupervised
Older children are often mature enough to be safely left home alone. However, if a very young child is left alone, they won’t know how to call for help if they experience an emergency. In general, it’s safe to leave a teenager at home when you go to work — but the same can’t be said for leaving a toddler alone.
Exposing a Child to Controlled Substances
Many controlled substances (and especially illegal controlled substances like methamphetamines) aren’t safe for children or adults. However, while an adult can usually decide whether they want to be in an environment with controlled drugs, a child cannot.
Even if you take steps to keep dangerous substances away from your child, there’s still a chance the child could come into contact with them — and that could be deadly.
Keeping Unsecured Firearms Around a Child
You have a right to have a firearm to defend yourself, but part of being a responsible firearm owner is keeping your child protected. If a child gets hold of an unsecured gun, they may think it’s a toy and seriously injure or kill themselves or others. Childhood gun deaths are preventable tragedies, so Colorado will often charge parents whose children can easily access firearms.
Exposing a Child to Sexual Activity
In Colorado, child endangerment doesn’t necessarily mean the child is in physical danger. If a child is in a situation where mental or emotional harm is likely to result, the adult caring for the child can still be charged with endangerment. If you have a young child in an environment where they can witness sexual activity, or if you expose them to pornography or other age-inappropriate materials, you may face charges.
Unfortunately, because Colorado laws around child endangerment aren’t always completely clear, you can be accused of endangering a child in Colorado based completely on suspicion. An experienced child endangerment attorney can help you fight these charges.
The Law Office of Kevin Cahill provides committed advocacy. If you’ve been charged with a crime in Colorado, call the office right away at 720-445-9887.
Need a Child Endangerment Attorney in Colorado?
When Everything’s on the Line, the Right Lawyer Matters
You already know that when you’ve been accused of a crime — especially a crime as serious as child endangerment — you need a lawyer. But you don’t need just any lawyer. When you have a criminal defense attorney who takes the time to understand your case and your unique circumstances, you increase your chances of a favorable outcome.
Kevin Cahill has been defending the rights of Colorado citizens for nearly two decades. Before founding the Law Office of Kevin Cahill, he worked with a prominent Denver defense firm. Mr. Cahill has handled nearly every kind of criminal charge, and over the course of his career, he has formed a robust network across the state’s criminal justice system. Each day, Mr. Cahill leverages his professional network, his vast experience in the field of criminal law, and his passion for justice to secure positive outcomes for his clients.
It’s easy to feel scared and uncertain when you’re facing criminal charges. But now is the time to take action. Call the Law Office of Kevin Cahill at 720-445-9887 today. The sooner you call, the sooner Kevin can get started on your personalized defense.