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 New Jersey, child endangerment is addressed under both criminal statutes and family law. Under N.J.S.A. 2C:24-4, child endangerment can include abuse, neglect, or other conduct that harms or is likely to harm the physical, mental, or emotional welfare of a child. This can encompass situations such as leaving a child unattended in a vehicle, driving intoxicated with a child present, exposing a child to drug activities, or leaving a child with an individual known to have a history of abuse. Penalties for child endangerment in New Jersey can range from a disorderly persons offense to a second-degree felony, depending on the severity of the offense, with potential consequences including fines, probation, or imprisonment. Additionally, child endangerment can have civil implications, particularly in family court matters such as custody disputes. Federal laws typically do not apply to child endangerment cases that are confined to the state, except in specific circumstances such as offenses occurring across state lines or on federal property, in which case federal prosecution may be pursued.