Many cases of alleged child abandonment, neglect or endangerment are reported to the Children’s Division (CD) of the Missouri Department of Social Services by child care professionals or other parties who are subject to a mandatory reporting requirement. Other cases are reported anonymously though calls to the Child Abuse and Neglect Hotline. Often these anonymous reports are made by a third party with ulterior motives which can lead to false or exaggerated charges. Parents and caretakers are often shocked to learn they are being investigated or charged with child abuse, endangerment, or abandonment. The authorities investigating these alleged offenses have one goal in mind, to gather evidence that will help prosecutors secure a conviction.
Child abuse is defined as any type of cruelty inflicted upon a child, causing that child to:
A child who has been abused or neglected may experience a wide range of issues, including relationship problems, inability to trust adults, emotional outburst or introversion, lack of achievement at school, depression, anxiety, and anger. Child abuse carries a punishment of up to 7 years in the department of corrections and/or a fine of up to $10,000.
Any person who has a duty to care for a child, whether a parent, guardian, or a baby-sitter has the responsibility to prevent the child from being harmed. Endangering the welfare of a child occurs whenever a child’s safety is compromised while under the supervision of an adult. Examples of endangering the welfare of a child include:
Missouri Child Abuse, Child Abandonment, Endangering the Welfare of a Child & Leaving Child Unattended in a Motor Vehicle Attorney
As soon as you become aware or even suspect that you are the subject of a criminal investigation, for alleged child abandonment, endangerment, abuse, or a related crime, you should seek experienced legal representation before making any statements to police or child services investigators. You should also be aware that the Children's Division is permitted to, and likely will, share whatever information it gathers during its investigation, with law enforcement.
A person commits the offense of abandonment of a child in the first degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than four years of age, he or she leaves the child in any place with purpose wholly to abandon the child, under circumstances which are likely to result in serious physical injury or death.
The offense of abandonment of a child in the first degree is a class B felony, unless the child dies, in which case it is a class A felony.
A person commits the offense of abandonment of a child in the second degree if, as a parent, guardian or other person legally charged with the care or custody of a child less than eight years of age, he or she leaves the child in any place with purpose wholly to abandon the child, under circumstances which are likely to result in serious physical injury or death.
The offense of abandonment of a child in the second degree is a class D felony, unless the child suffers serious physical injury, in which case it is a class B felony. It is a class A felony if the child dies.
A person commits the offense of abuse or neglect of a child if such person knowingly causes a child who is less than eighteen years of age: (1) To suffer physical or mental injury as a result of abuse or neglect; or (2) To be placed in a situation in which the child may suffer physical or mental injury as the result of abuse or neglect. A person commits the offense of abuse or neglect of a child if such person recklessly causes a child who is less than eighteen years of age to suffer from abusive head trauma.
The offense of abuse or neglect of a child is: a class D felony.
A person commits the offense of endangering the welfare of a child in the first degree if he or she: (1) Knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age; or (2) Knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody; (3) Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 579; (4) In the presence of a child less than seventeen years of age or in a residence where a child less than seventeen years of age resides, unlawfully manufactures, or attempts to manufacture compounds, possesses, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.
The offense of endangering the welfare of a child in the first degree is a class D felony.
A person commits the offense of endangering the welfare of a child in the second degree if he or she: (1) With criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years of age; or (2) Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or (3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years of age, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him or her from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or (4) Knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 579.105.
The offense of endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of an act performed by two or more persons as part of an established or prescribed pattern of activity, in which case the offense is a class E felony.
A person commits the offense of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child less than eleven years of age unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian.
Leaving a child unattended in a motor vehicle in the first degree is a class C felony.
A person commits the offense of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child less than eleven years of age unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian.
The offense of leaving a child unattended in a motor vehicle in the second degree is a class A misdemeanor
A person or entity commits the offense of trafficking in children if he, she, or it offers, gives, receives or solicits any money, consideration or other thing of value for the delivery or offer of delivery of a child to another person or entity for purposes of adoption, or for the execution of a consent to adopt or waiver of consent to future adoption or a consent to termination of parental rights.
The offense of trafficking in children is a class D felony.
A person commits the offense of unlawful transactions with a child if he or she: (1) Being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child’s custodial parent or guardian has consented in writing to the transaction; or (2) Knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, is maintained or conducted; or (3) With criminal negligence sells blasting caps, bulk gunpowder, or explosives to a child under the age of seventeen, or fireworks, to a child under the age of fourteen, unless the child’s custodial parent or guardian has consented in writing to the transaction. Criminal negligence as to the age of the child is not an element of this crime.
The offense of unlawful transactions with a child is a class B misdemeanor.
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Many people are sitting in jail at this moment because they made the mistake of talking to someone without first obtaining legal advice. If you have been, or think you may be charged with any of the above listed offenses in Jefferson County, St. Francois County, Ste. Genevieve County, Washington County or Franklin County Missouri, including the cities of Arnold, Barnhart, Bloomsdale, Byrnes Mill, Cedar Hill, Crystal City, Desloge, DeSoto, Dittmer, Eureka, Farmington, Festus, Fredericktown, French Village, Herculaneum, High Ridge, Hillsboro, Horine, House Springs, Imperial, Mapaville, Mine La Motte, Mineral Point, Morse Mill, Olympian Village, Park Hills, Perryville, Pevely, Potosi, Ste. Genevieve, Valles Mines, exercise your right to remain silent and your right to speak to an attorney immediately and contact the Lednick Law Firm to get a former Jefferson County Assistant Prosecuting Attorney on your side. Contact us today at (636) 638-2150 for a free consultation.
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