You left your medication lying around where your child could get hold of it. Or maybe it was a weapon that you failed to lock up. Or you were doing drugs with the child in the room. In any case, you are charged with endangering the life or health of a child.
What does that mean? What can you do?
You commit endangering the life or health of a child when you knowingly: (1) cause or permit the life or health of a child under the age of 18 to be endangered; or (2) cause or permit a child to be placed in circumstances that endanger the child’s life or health. See 720 ILCS 5/12C-5. “Endanger” means to bring into danger or peril of probable harm or loss” or to create a dangerous situation. “Knowledge” means you are consciously aware that endangerment is practically certain to be caused by your conduct.
It is not a defense that the child was uninjured. “Endanger” refers to a potential or possibility of injury. It does not refer to conduct that will or does result in harm, but rather to conduct that could or might result in harm.
If you are charged with endangering a child, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you act knowingly? Are there lab tests proving the “drugs” were drugs? Did you permit or cause the endangerment? Maybe someone else left the drugs lying around and you hadn’t yet noticed. Was the child actually in danger?
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: People v. Acosta.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
