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 West Virginia, child endangerment laws are designed to protect children from situations that could harm their physical, mental, or emotional well-being. Under West Virginia Code §61-8D-3, child neglect creating risk of injury is considered a felony, and it includes acts such as leaving a child unattended in a vehicle, driving under the influence with a child in the car, and exposing a child to drugs or pornography. Child abuse resulting in injury, which can include severe physical punishment, is also a felony under §61-8D-2. Additionally, West Virginia has laws regarding the safe storage of firearms to prevent child access, and it is illegal to serve alcohol to minors. Penalties for child endangerment can range from fines to imprisonment, depending on the severity of the offense. In family law, child endangerment can impact custody decisions, as courts prioritize the child's safety and well-being. Federal laws typically do not apply unless the endangerment involves interstate conduct or occurs on federal property. In such cases, federal authorities may prosecute the offense.