Child endangerment laws vary from state to state in their naming (child abuse, child neglect, neglectful supervision, etc.), definitions, and penalties (misdemeanor or felony, jail or probation). But parents, guardians, and other adult caregivers with responsibility for supervising children have an obligation to protect those children from unreasonably dangerous conditions.
Situations that may constitute child endangerment include (1) leaving a child unattended in a motor vehicle; (2) serving alcohol to an underage driver; (3) driving while intoxicated with a child in the motor vehicle; (4) leaving a young child unsupervised in an unsafe place or situation; (5) unreasonable punishment resulting in bodily injury (severe spanking, burning, extended isolation, etc.); (6) hiring a babysitter, nanny, or other adult supervisor with a known history of sexual or other abuse of children; (7) leaving firearms within the reach of children; (8) exposing a child to drug transactions or manufacturing; (9) exposing a child to pornography; (10) engaging in sexual activity in view of a child; and (11) placing or allowing a child to remain in a situation that may endanger the child’s life, physical health, mental health, emotional health, morals, or development.
Child endangerment laws are usually included in a state’s penal or criminal code (statutes)—which provide for the related criminal charges—and in a state’s family code (statutes) that address the civil (non-criminal) implications of child endangerment—often in the context of divorce and child custody matters.
Except in limited circumstances, federal laws generally do not apply to child endangerment matters that take place within a single state. Such criminal matters that take place within a single state are generally handled by state or local authorities and prosecuted under state laws. But if the endangerment of a child involves conduct or materials in multiple states, or occurs on federal lands (military bases, American Indian territories) the offense may be prosecuted under federal law.
In Colorado, child endangerment is addressed under various statutes that define and penalize acts that put children at risk. Colorado Revised Statutes Title 18, which pertains to the state's criminal code, includes provisions for child abuse under Section 18-6-401. This statute defines child abuse to include acts or omissions that threaten the health or welfare of a child, such as those listed in the provided situations. Penalties for child abuse can range from misdemeanors to felonies, depending on the severity of the act and whether it resulted in injury or death. Additionally, leaving a child unattended in a motor vehicle is specifically addressed under Section 18-6-401.3, which can result in a class 2 misdemeanor traffic offense if the child is not injured, and more severe charges if the child is injured or dies. Colorado's family code also considers child endangerment in the context of child custody and welfare decisions. While most child endangerment cases are handled at the state level, federal jurisdiction may apply if the conduct involves crossing state lines, occurs on federal lands, or involves federal crimes such as child pornography or trafficking.