Davis County Utah

Charges for Endangerment of a Child

Under Utah criminal law, endangerment of a child is serious felony charge that can result in a lengthy prison term and thousands of dollars in fines. If you are facing criminal charges for endangerment of a child, you need an experienced Utah criminal defense lawyer on your side.

(Note: Utah law defines the terms “endangerment of a child” and โ€œchild endangermentโ€ as having different meanings. “Child endangerment” is defined differently in the context of investigations of endangerment or neglect involving DCFS. However, as used on this page, the term refers to prosecutions for โ€œendangerment of a childโ€ under Utah Code 76-5-112.5.)

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Statutory Elements – Endangerment of a Child

A typical child endangerment charge under Utah criminal law involves allegations that a person used or possessed drugs or paraphernalia under circumstances where a child was exposed to or had the potential to become exposed to the drugs.

The term โ€œexposedโ€ is broadly defined, and includes more than just actual contact with drugs or paraphernalia. โ€œExposedโ€ also includes circumstances under which a child is able to see or has the ability to access drugs, or has the โ€œreasonable capacityโ€ to access paraphernalia. Child endangerment also includes situations where a child inhales, ingests, or otherwise has contact with drugs or drug paraphernalia.

Consequences of a Child Endangerment Conviction

At itโ€™s lowest level, child endangerment is a third degree felony punishable by up to five years in prison and a fine and surcharge of $9,500. Under Utah criminal law, child endangerment becomes a second degree felony if the child is in some way injured as a result of contact or exposure to drugs or paraphernalia. A second degree felony has a maximum sentence of up to 15 years in prison and a fine and surcharge of $19,000. If a child dies as a result of exposure or contact with drugs, the charge can be filed as a first degree felony punishable by up to life in prison.

Accompanying Criminal Charges in Utah

Because a child endangerment charge in Utah requires allegations involving drugs or paraphernalia, a prosecuting attorney will commonly file drug-related charges along with a child endangerment charge. In addition to a charge of child endangerment, you may also face additional charges for possession of a controlled substance or drug paraphernalia. These additional charges can mean additional time in jail or prison and even higher fines.

Finding a Criminal Defense Lawyer

The consequences of a criminal conviction can be serious. An experienced Utah criminal defense lawyer can help ensure that your rights are protected. If you are facing prosecution for child endangerment or other criminal charges, contact us now to schedule an initial consultation with Salt Lake criminal defense attorney Stephen Howard.


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