What is Child Endangerment in Texas?

child endangerment in Texas

Pursuant to Penal Code 22.041, endangering a child in Texas occurs when a person places a child under the age of 15 in danger of death, bodily injury, or physical or mental impairment. Child endangerment in Texas can be by act or omission. The act or omission can be done intentionally, knowingly, recklessly, or negligently.

Situations where Child Endangerment is Presumed

  1. Manufacturing a methamphetamine in the presence of a child.
  2. Making methamphetamine accessible to a child and the child has methamphetamine in their system.
  3. Using a Penalty Group One substance around a child.

Punishment for Child Endangerment in Texas

Child endangerment in Texas is a State Jail Felony. The range of punishment is 180 days to 2 years, and up to a $10,000 fine.

Statutory Defense for Child Endangerment

It is a defense to child endangerment that the act or omission was to allow the child to participate in an athletic event or practice with appropriate safety equipment.

What to expect if the police suspect you endangered a child

You will most likely have an officer or detective reach out to you to discuss what happened. You should hire an attorney before considering talking to a detective.

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You can also call us at (817) 203-2220

for same-day appointments or phone consultations.

Do not talk to the police without an attorney. This is the single-most important thing to remember when you are being accused of any offense. Most people do not realize the police are allowed to lie to you and have years of experience and training to elicit the answers they are looking for.

You should also expect CPS to become involved in the investigation. CPS has a great deal of leverage to make you talk in most situations because if you do not cooperate with their investigation, they may ask a court to make sure you no longer have access to your children. Making things worse, anything you say to CPS will be given to law enforcement and potentially used against you.

Contact us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese