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 Mexico, child endangerment laws are codified under the state's penal code and address various forms of child abuse and neglect. These laws define child abuse as the intentional mistreatment or harm of a child, including physical, emotional, or sexual abuse, as well as neglect. Child endangerment can be charged as a misdemeanor or felony, depending on the severity of the offense, and penalties can range from probation to imprisonment. Specific actions that may constitute child endangerment in New Mexico include leaving a child unattended in a vehicle, driving under the influence with a child in the car, failing to provide proper supervision, and exposing a child to illegal activities or harmful materials. New Mexico law also considers the impact of such actions on child custody and divorce proceedings under its family code. While most child endangerment cases are handled at the state level, federal jurisdiction may apply if the offense involves crossing state lines, occurs on federal lands, or involves federal crimes.