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 Tennessee, child endangerment laws are codified under both the state's penal code for criminal charges and the family code for civil implications, such as in custody disputes. Child endangerment can include a range of actions, from leaving a child unattended in a vehicle to exposing them to drug activities or pornography. Tennessee Code Annotated (TCA) § 39-15-401 to § 39-15-402 outlines the definitions and penalties for child abuse, neglect, and endangerment. Penalties can vary from misdemeanors to felonies, depending on the severity of the offense, and may result in jail time, probation, or both. For example, driving under the influence (DUI) with a child in the vehicle is considered a form of child endangerment and can lead to enhanced penalties under TCA § 55-10-403. Federal laws typically do not apply to child endangerment cases that are confined within the state, except in specific circumstances such as when the conduct involves multiple states or occurs on federal lands. In such cases, federal prosecution may be pursued.