Child Endangerment Examples: What the Law Considers Dangerous to Children

When people hear the term “child endangerment,” they often think of extreme cases. But the law covers a wide range of situations—some that might surprise you. From leaving a child alone in a car to exposing them to drugs or violence, there are many child endangerment examples that can lead to criminal charges. Here’s how California defines the offense and what kinds of actions can get someone in trouble.

What California Law Defines as Child Endangerment

California Penal Code Section 273a makes it illegal to willfully cause or permit a child to suffer unjustifiable physical pain or mental suffering, or to place a child in a dangerous situation.

The Two Categories of Child Endangerment

California separates child endangerment into two distinct offenses based on the risk level involved.

1. Felony child endangerment:

• Conduct that places a child in a situation where their health or safety is endangered
• Circumstances likely to produce great bodily harm or death
• Punishable by 2, 4, or 6 years in state prison

2. Misdemeanor child endangerment:

• Conduct that endangers a child’s health or safety
• Circumstances not likely to produce great bodily harm or death
• Punishable by up to one year in county jail

The difference hinges on the level of danger created. The high risk of serious injury or death makes it a felony. A lesser risk makes it a misdemeanor.

What Prosecutors Must Prove

To convict someone of child endangerment in California, prosecutors must establish:

• The defendant willfully caused or permitted a child to suffer unjustifiable pain or suffering, OR placed a child in a dangerous situation
• The defendant acted willfully (on purpose, not accidentally)
• The defendant did not act while reasonably disciplining the child
• The child suffered unjustifiable physical pain or mental suffering as a result, OR the child’s health or safety was endangered

“Willfully” doesn’t require intent to harm the child. It means the person intentionally did the act that endangered the child, even if they didn’t intend the harmful result.

Who Can Be Charged

Child endangerment charges can be filed against:

• Parents and legal guardians
• Other caregivers, like babysitters or daycare providers
• Anyone who has custody or care of a child
• In some cases, people who witness endangerment and fail to intervene

You don’t need to be related to the child or have formal custody to face charges if you’re responsible for their care at the time.

8 Real-World Child Endangerment Examples That Lead to Charges

Understanding abstract legal definitions matters less than seeing how California applies the law in actual situations.

1. Driving-Related Endangerment

a. DUI with children in the vehicle:

Driving under the influence with a child passenger is one of the most common child endangerment scenarios. 

Factors that matter:

• The child doesn’t need to be injured for charges to apply
• Simply having a child in the car while driving drunk or high constitutes endangerment

The risk of accident and serious injury to the child satisfies the endangerment element. 

b. Reckless driving with children:

Excessive speeding, street racing, or other reckless driving with children in the vehicle can trigger child endangerment charges even without DUI involvement.

Factors that matter:

• Going 15 mph over the speed limit probably doesn’t qualify
• Going 90 mph through residential streets with kids in the car likely does

The conduct must create a substantial risk beyond normal driving. 

2. Leaving Children Unsupervised

a. Age-inappropriate supervision:

California has no specific law stating the age children can be left home alone. But leaving young children unsupervised for extended periods can result in child endangerment charges.

Factors that matter:

• The child’s age and maturity level
• How long they’re left alone
• Time of day
• Whether they have a way to contact adults
• The home environment and its safety

The younger the child and the longer the time, the more likely prosecutors view it as endangerment.

b. Children left in cars:

California law specifically addresses children left in cars unattended with Vehicle Code Section 15620. 

Factor that matters:

• VC 15620 prohibits leaving children 6 years old or younger unattended in a vehicle without supervision by a person 12 years or older

Leaving children unattended in vehicles, particularly in hot weather, and even for brief periods, can be life-threatening. This, then, frequently results in child endangerment charges. 

3. Domestic Violence in Front of Children

Committing domestic violence in a child’s presence often leads to both domestic violence charges and child endangerment charges. 

Factors that matter:

• The violence doesn’t need to be directed at the child
• The child being present while adults engage in physical altercations satisfies the endangerment element

California law recognizes that witnessing violence causes psychological harm to children.

4. Drug and Alcohol Related Endangerment

a. Drug use around children:

Using illegal drugs or abusing prescription medications in a child’s presence can support child endangerment charges, particularly when:

• Drug paraphernalia is accessible to children
• The adult becomes incapacitated and unable to care for the child
• Manufacturing drugs occurs in the home
• Children are exposed to dangerous chemicals or fumes

Methamphetamine manufacturing in homes with children present almost always results in felony child endangerment charges. This is due to the extreme danger posed by toxic chemicals.

b. Providing alcohol or drugs to minors:

Giving alcohol or drugs to children, allowing underage drinking in your home, or permitting children to access substances constitutes endangerment.

5. Inadequate Supervision Leading to Injury

When children suffer injuries because caregivers failed to provide adequate supervision, prosecutors evaluate whether the harm was foreseeable and preventable.

Examples include:

• Young children accessing dangerous areas like balconies or pools without supervision
• Children playing with dangerous objects left within reach
• Toddlers getting into cleaning chemicals or medications left accessible
• Children who are injured by obviously unsafe conditions in the home

What you should ask yourself: Should a reasonable person have anticipated this danger and taken steps to prevent it?

6. Physical Punishment That Goes Too Far

California allows reasonable corporal punishment for discipline. But punishment that causes injury or poses a serious risk crosses into child endangerment or child abuse.

Factors that matter to prosecutors:

• The child’s age and size
• The force used
• Whether the injury occurred
• Whether the punishment was appropriate to the situation
• The method of punishment

Spanking that leaves bruises, hitting with objects, or punishment that causes cuts, burns, or broken bones will result in criminal charges.

7. Neglect of Basic Needs

a. Failure to provide necessities:

Parents and caregivers must provide food, shelter, clothing, and medical care. Willful failure to provide these necessities when able to do so constitutes child endangerment.

Factor that matters:

• Differs from inability due to poverty 

The law targets those who can provide for children but choose not to, or who prioritize other expenses over children’s basic needs.

b. Medical neglect:

Refusing necessary medical treatment for a child can result in child endangerment charges.

Factors that matter:

• The child has a serious medical condition requiring treatment
• Treatment is readily available
• Refusal poses serious risk to the child’s health or life

Religious beliefs don’t automatically exempt parents from providing medical care for life-threatening conditions.

8. Dangerous Living Conditions

Homes with conditions that pose a serious risk to children’s health or safety can support child endangerment charges.

Factors that matter:

• Extreme unsanitary conditions with rotting food and waste
• Lack of working utilities, creating unsafe temperature or sanitation issues
• Structural dangers like exposed wiring or unstable flooring
• Pest infestations that create health hazards
• Weapons or dangerous items left accessible to young children

The conditions must pose actual danger beyond being messy or cluttered.

What Doesn’t Typically Constitute Child Endangerment

The law distinguishes between criminal conduct and legal parenting choices or honest mistakes.

1. Age-Appropriate Independence

Allowing older children and teenagers reasonable independence is not endangerment:

• Letting teenagers walk to school alone
• Permitting age-appropriate responsibilities like cooking
• Allowing supervised risk-taking, like climbing trees or skateboarding
• Teaching older children to use tools or equipment safely

California recognizes that children need opportunities to develop independence and skills.

2. Accidents and Unforeseeable Events

Not every injury constitutes child endangerment. Children get hurt despite good supervision:

• A child falls while playing despite adequate supervision
• A child has an allergic reaction to a previously unknown food
• An injury occurs during age-appropriate activities with proper safety measures

The standard is reasonableness, not perfection. Parents can’t prevent every possible harm.

3. Poverty and Lack of Resources

Simply being poor doesn’t make someone guilty of child endangerment:

• Living in modest housing when it’s all you can afford
• Providing inexpensive but nutritious food
• Having old but functional clothing and belongings
• Sharing bedrooms due to limited space

The law distinguishes between inability to provide luxuries and willful failure to meet basic needs when you have the resources to do so.

4. Reasonable Discipline

California law permits reasonable corporal punishment that doesn’t cause injury or unreasonable pain:

• Spanking that doesn’t leave marks
• Age-appropriate timeout or loss of privileges
• Natural consequences that aren’t dangerous

The discipline must be reasonable in method, duration, and force relative to the child’s age and the situation.

The Stakes Are Higher Than You Think

Child endangerment charges affect every aspect of life beyond the criminal penalties. Worse, the law uses broad language that gives prosecutors discretion to charge conduct that many people consider poor judgment rather than criminal. 

That’s why when charges get filed, the stakes demand experienced legal representation from attorneys who handle child endangerment cases regularly.

Reach out for a confidential consultation with The Nieves Law Firm if you’re dealing with child endangerment charges or CPS involvement that could lead to criminal prosecution.