Child endangerment is one of the most serious criminal charges a person can face in Utah, as it involves accusations of putting a child’s safety or well-being at risk. These charges can arise in a wide variety of circumstances, from driving under the influence with a minor in the car, to exposing a child to drugs or domestic violence, or even leaving a child in unsafe conditions.
Because of the strong societal interest in protecting children, prosecutors often pursue child endangerment cases aggressively. Convictions may lead not only to fines and prison time, but also loss of custody or visitation rights, long-term restrictions on employment, and potential mandatory sex offender registration if sexual misconduct is alleged in connection with the case.
Utah Child Endangerment Defense Attorney
If you or a loved one has been accused of child endangerment, you need immediate legal counsel. Utah courts treat allegations involving children with the highest level of seriousness, and even a misunderstanding or accident can result in criminal charges.
Susanne Gustin, Attorney at Law, is a highly experienced Utah defense attorney who has represented clients in high-stakes criminal cases, including those involving children. She understands the sensitivity of these cases and the importance of protecting both your rights and your family’s future.
Contact Susanne Gustin today for a free consultation by calling (801) 243-2814.
Information Center
- Understanding Child Endangerment Laws in Utah
- Key Elements a Jury Considers in Child Endangerment Cases
- Penalties for Child Endangerment in Utah
- Defenses to Child Endangerment in Utah
- How Child Endangerment Cases Differ from Other Criminal Charges
- Frequently Asked Questions
- Additional Resources
Understanding Child Endangerment Laws in Utah
Under Utah law, child endangerment refers to placing a child at risk of harm due to a person’s actions or negligence. Common circumstances that lead to charges include:
- Driving under the influence (DUI/OVI) with a child present
- Exposing a child to drugs or controlled substances (such as meth labs, marijuana, or prescription drug misuse)
- Domestic violence in the presence of a child
- Leaving a child in unsafe environments (such as locked in a hot car, near dangerous weapons, or unattended in unsafe areas)
Even when a child is not physically harmed, prosecutors can pursue charges if they believe the child was placed in a situation where harm was likely.
Key Elements a Jury Considers in Child Endangerment Cases
- Level of Risk: Did the accused’s actions create a substantial likelihood of harm, or was the danger minimal?
- Defendant’s State of Mind: Did the accused act knowingly, recklessly, or negligently? Intent matters greatly in determining guilt.
- Evidence of Harm: Was the child actually harmed, or was it only a possibility of harm?
- Credibility of Witnesses: Testimony from children, neighbors, police, or family members may play a significant role in a jury’s decision.
Penalties for Child Endangerment in Utah
The penalties for child endangerment vary depending on the circumstances:
- Misdemeanor Charges: In less severe cases, such as leaving a child unattended in a non-life-threatening situation, defendants may face Class B or Class A misdemeanor charges. Penalties can include jail time, fines, and probation.
- Felony Charges: Aggravated cases, such as DUI with a child in the car, exposing a child to drugs, or acts of domestic violence in the presence of a child, are typically charged as felonies. Felony convictions can lead to years in prison, thousands of dollars in fines, and loss of parental rights.
Aggravating Circumstances that Elevate Charges to Felonies:
- Child suffers actual physical injury.
- Repeated exposure to drugs or violence.
- Use of dangerous weapons in the child’s presence.
- Prior convictions involving child endangerment.
In addition to criminal penalties, the Department of Child and Family Services (DCFS) may open an investigation, which could lead to removal of children from the home.
Defenses to Child Endangerment in Utah
While these cases are taken seriously, there are valid defenses an attorney may use depending on the facts:
- Lack of Intent: If the defendant did not knowingly or recklessly place the child in danger, charges may not hold.
Example: A parent leaving a child with a babysitter who later exposes the child to drugs without the parent’s knowledge. - False Allegations: Accusations may arise from custody disputes, angry neighbors, or misunderstandings.
Example: A spouse alleging endangerment during a heated divorce to gain leverage in custody battles. - No Actual Danger: Prosecutors must show the child was in a situation likely to cause harm.
Example: Leaving a child briefly in a car with the air conditioning running and within view might not meet the threshold of “endangerment.” - Violation of Rights: If law enforcement conducted an illegal search, stop, or seizure in gathering evidence, charges may be reduced or dismissed.
How Child Endangerment Cases Differ from Other Criminal Charges
Unlike many other criminal charges, child endangerment cases involve multiple layers of consequences. A conviction not only brings criminal penalties but also triggers possible family court involvement, loss of custody rights, and long-term reputational harm. Unlike a simple misdemeanor case, these charges can follow a person for life, especially if child protective services become involved.
Additionally, juries and judges tend to be less sympathetic to defendants in child-related cases, meaning strategic and well-prepared defenses are critical.
Frequently Asked Questions
Can I lose custody of my children if I’m convicted of child endangerment?
Yes. A conviction can lead to loss of custody, supervised visitation, or permanent termination of parental rights in severe cases.
Is child endangerment always a felony in Utah?
No. Some cases may be misdemeanors, but circumstances such as DUI with a child or drug exposure often elevate charges to felonies.
What if my child was not actually harmed?
A child does not need to be physically injured for prosecutors to bring charges. Placing a child in a risky environment is enough.
Can charges be based on a misunderstanding?
Yes. Many child endangerment cases begin with misunderstandings or exaggerated reports. A strong defense can highlight the lack of real danger.
Additional Resources
Utah Code § 76-5-112.5: Child Endangerment – The full text of Utah’s law outlining criminal liability for child endangerment.
Utah Department of Child and Family Services (DCFS) – Provides resources, investigates claims of abuse and neglect, and works with families in child safety cases.
Hire an Attorney for Child Endangerment Charges in Utah
Child endangerment charges carry life-changing consequences, from criminal penalties to the possibility of losing custody of your children. You need a defense attorney who understands both Utah’s criminal laws and the sensitive family issues that these cases involve.
Contact Susanne Gustin, Attorney at Law, today for a free consultation at (801) 243-2814. She proudly represents clients throughout Salt Lake City and across Utah.
