Child Endangerment

Child endangerment is a widely used term to address a group of laws that create separate offenses or enhance existing penalties for an offender who endangers a minor. Endangerment of a minor is considered any action that might place in jeopardy the physical, moral, or mental well being of a person under the majority age.

Alcohol-related accident statistics involving children:

• 25% of child fatalities from auto accidents are the result of alcohol intoxication
• 68% of children involved in alcohol-related accidents are in the vehicle with the intoxicated driver
• Motor vehicle accidents are the leading cause of death for children ages 2-14
• Only 32% of children in the vehicle with an impaired driver are properly restrained

To present, 27 states have statutes that create special sanctions for cases of driving under the influence while the offender is transporting a child at the time of the offense.

According to the centers for disease control and prevention (CDC):

• More than half of the 414 child passengers ages 14 and younger who died in alcohol-related crashes were riding with a driver who was consuming alcohol (NHTSA 2006).
• 48 children age 14 and younger who were killed as pedestrians or pedal-cyclists that were struck by impaired drivers (NHTSA 2006).
• Of the 1,946 traffic fatalities among children ages 0 to 14 years, 21% involved alcohol (NHTSA 2006).

Child endangerment, as it pertains to drunk driving, falls into the legal definition of child abuse because a parent or caregiver who knowingly puts a child in the car after drinking with the intention to drive is making a choice. This choice falls under the "improper care . . .  so as to endanger his or her morals or health". Within each state, the legislature decides how the child endangerment statute is applied.

Updated: LW

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