Texas Child Endangerment Defense Lawyers

Child endangerment, formally “abandoning or endangering a child” under Texas Penal Code §22.04, is a broad offense that covers a wide range of alleged conduct. Unlike injury to a child, which requires proof that the child was actually injured, endangerment can be charged when the child was placed at risk of injury even if no harm actually occurred. This makes the offense easier for prosecutors to charge and more difficult to defend against without experienced counsel.

At Deandra Grant Law, Attorney Douglas Huff defends parents, guardians, and caregivers against child endangerment charges.

What Is Child Endangerment?

• 22.041 creates two distinct offenses:

Abandonment

A person commits abandonment if they intentionally abandon a child under 15 in any place under circumstances that expose the child to an unreasonable risk of harm. Abandonment is a state jail felony (180 days to 2 years). If the person intended to return for the child, the offense is a Class A misdemeanor (up to 1 year in jail).

Endangerment

A person commits endangerment if they intentionally, knowingly, recklessly, or with criminal negligence engage in conduct that places a child under 15 in imminent danger of death, bodily injury, or physical or mental impairment.

Endangerment penalties depend on the mental state:

• Intentional or knowing endangerment that causes bodily injury or serious mental deficiency: second-degree felony (2 to 20 years)
• Intentional or knowing endangerment without injury: state jail felony (180 days to 2 years)
• Reckless endangerment: state jail felony
• Criminally negligent endangerment: state jail felony

Common Endangerment Scenarios

Leaving Children Unsupervised

Texas does not have a statutory minimum age at which a child can legally be left home alone. Prosecutors evaluate the specific circumstances: the child’s age and maturity, the duration of the absence, the conditions of the home, and whether the child had access to hazards. What a parent considers reasonable independence, a prosecutor may characterize as criminal endangerment.

Drug or Alcohol Use Around Children

Parents who use drugs or alcohol in the presence of children, or who are intoxicated while responsible for children, can be charged with endangerment. The prosecution does not need to prove the child was harmed, only that the parent’s intoxication created an imminent danger. This is particularly common in cases where a parent is arrested for DWI with a child in the vehicle (which is separately charged under §49.045) or where drug paraphernalia is found in a home with children.

Unsafe Living Conditions

Prosecutors charge endangerment when children are found in homes with hazardous conditions: exposed drugs, accessible firearms, lack of food or water, unsanitary conditions, or structural hazards. These cases often originate from CPS referrals and frequently involve poverty-related conditions that the prosecution characterizes as criminal neglect.

Failure to Seek Medical Care

Parents who delay seeking medical attention for an injured or ill child may be charged with endangerment. The question is whether the delay created an imminent danger of death or bodily injury which is a standard that requires evaluating the severity of the child’s condition and whether a reasonable parent would have recognized the need for medical intervention.