Child endangerment is a serious offense under the Illinois Criminal Code. As this offense involves the mistreatment of children – and, thus, an intersection of criminal law and family law – it is severe in the eyes of the Illinois courts. Part of this reality stems from the fact that the Illinois courts have a vested duty in safeguarding the best interests of children within the state.
Illinois Laws Against Child Endangerment
The Illinois statute that prohibits child endangerment is 720 ILCS 5/12C-5. Under this law, no person may knowingly endanger the life or health of a child. It is also unlawful to knowingly permit another person to endanger the life or health of a child. Furthermore, it is illegal to place a child in circumstances that are likely to endanger safety.
On a related note, unattended children can also constitute a violation of Section 12C-5. A child is deemed “unattended” if there are without a guardian of at least 14 years old, or out of sight of that person. If a child of six years or younger is alone in a car for more than 10 minutes, they are also considered unattended.
On the other hand, Section 12C-5 also contains an important exception. Parents are allowed to give up their children, if they do so in accordance with the Abandoned Newborn Infant Protection Act. In those cases, relinquishing a child does not qualify as a violation of Section 12C-5.
Illinois Penalties for Child Endangerment
Generally speaking, child endangerment is charged as a Class A misdemeanor in Illinois. Any person convicted of a Class A misdemeanor can face criminal fines up to $2,500 and an upper limit of 364 days in jail.
For repeat offenders, however, child endangerment is a Class 3 felony. Any person convicted of a Class 3 felony can face criminal fines up to $25,000 and a prison sentence between two and five years.
In addition, it is a Class 3 felony to commit child endangerment that directly causes the death of a child. But the punishment is more severe than a typical Class 3 felony. When child endangerment leads to a fatality, the prison sentence will be a minimum of two years and a maximum of 10 years.
If a parent endangers the health of life of their child, Section 12C-5 does allow for probation, instead of a conviction. As established in 720 ILCS 5/12C-15, parents can only qualify for this type of probation one time. Furthermore, they must cooperate with the Department of Children and Family Services and satisfy all terms and conditions of the probation for a minimum of two years.