[New York Penal Law § 260.10]

In New York, Endangering the Welfare of a Child is a Class “A” misdemeanor which carries a potential one year jail term. Additionally, as discussed below, many times, when the offense is committed by a parent or guardian, their will be family offense petitions filed in Family Court as well as abuse and/or maltreatment (neglect) investigations by Child Protective Services (CPS) or New York City’s Administration for Children’s Services (ACS).

Unfortunately, the Endangering the Welfare of a Child statute is so broad and vague, it can criminalize the most innocent conduct. Furthermore, the lack of specificity in the wording the statute and the broad range of conduct that the statute can criminalize means that law enforcement and prosecutors can threaten to charge someone, or actually charge someone, with Endangering the Welfare of a Child for almost any conduct involving children. After reading the statute, one must wonder if allowing their son to play high-school football amounts to Endangering the Welfare of a Child.

One is guilty of Endangering the Welfare of a Child (PL § 260.10) where:

(1) He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years or age or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or

(2) Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an “abused child,” a “neglected child,” a “juvenile delinquent” or a “person in need of supervision,” as those terms are defined in articles ten, three and seven of the family court act. (as of 07/21/10)

Many times when a person is charged with Endangering the Welfare of a Child they are also charged with another crime that forms the basis of the Endangering charge. For example, sometimes we see someone charged with Endangering the Welfare of a Child also charged with assault, sexual assault, rape, sexual abuse, menacing, reckless endangerment, manslaughter, or even murder. The prosecution’s theory is that the assault or other criminal conduct directed towards the child also endangered that child’s welfare.

However, most of the Endangering the Welfare of a Child cases we see here at Tilem & Campbell involve corporal punishment; or allegations of corporal punishment inflicted by a parent. Far too often, decent and caring parents find themselves caught up in the criminal justice system charged with Endangering the Welfare of a Child for doing nothing more than keeping their children in line. Typically, such cases are the result of overzealous prosecutors, police officers and child protective services investigators who simply don’t believe in corporal punishment.

If you have been charged with Endangering the Welfare of a Child, other related crimes, have been accused of abuse and/or neglect in Family Court or are the subject of a CPS or ACS abuse and/or maltreatment investigation, call Tilem & Campbell, PC toll-free at 1-877-377-8666 for a free telephone consultation or visit us on the web at www.tilemandcampbell.com.