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 York, child endangerment is addressed under the state's penal code and family code. The penal code outlines the criminal aspects, where endangerment can range from a misdemeanor to a felony, depending on the severity of the situation. Examples of child endangerment include leaving a child in a car unattended, driving intoxicated with a child, or exposing a child to drugs or pornography. Penalties can include jail time, probation, and fines. The family code deals with the civil implications, particularly relevant in family court matters such as divorce and custody disputes. Federal laws typically do not apply unless the endangerment involves interstate activities or occurs on federal property. In such cases, federal authorities may prosecute the offense. It is important for parents, guardians, and caregivers to understand their legal obligations to protect children from harm and the serious consequences that can arise from failing to do so.