Endangerment of a Child
Texas Penal Code §22.041
Overview of Endangerment of a Child
Under Texas Penal Code §22.041, it is a criminal offense to intentionally, knowingly, recklessly, or by criminal negligence place a child under 15 years old in imminent danger of death, bodily injury, or physical or mental impairment.
Child endangerment is a broad charge often applied in cases involving alleged neglect, unsafe environments, intoxicated driving with a child passenger, or other perceived risks to minors.
Dunham & Jones represents parents, caregivers, and guardians accused of child endangerment across Texas, ensuring their constitutional rights are upheld and the facts of their case are fully presented.
Understanding Texas Penal Code §22.041
This statute covers multiple forms of child endangerment:
- Abandonment: Leaving a child without reasonable care or supervision.
- Exposure to Danger: Allowing a child to be placed in a situation likely to cause harm.
- Reckless Conduct: Failing to act with ordinary caution regarding the child’s safety.
- Driving Under the Influence with a Child Passenger: Considered an enhancement or a separate offense under Texas law.
Importantly, no injury needs to occur — merely the risk of imminent harm is enough to bring charges.
Penalties and Classifications
Penalties vary depending on the risk level and intent:
- State Jail Felony: For reckless endangerment or abandonment without intent to return.
- Third-Degree Felony: If the child was placed in imminent danger of serious harm or death.
- Second-Degree Felony: If harm occurred as a result of endangerment.
Additional consequences may include CPS involvement, loss of custody, and license suspensions (in DWI-related cases).
Common Defenses
Dunham & Jones develops defense strategies to demonstrate that no crime occurred or that intent was lacking. Common defenses include:
- Lack of Intent: The defendant did not knowingly place the child in danger.
- No Actual Risk: The situation did not meet the legal definition of “imminent danger.”
- False or Exaggerated Allegations: Disputes or misunderstandings often lead to unfounded charges.
- Emergency or Necessity: The defendant’s actions were justified to prevent greater harm.
- Improper Investigation: CPS or law enforcement failed to document facts accurately.
We challenge CPS conclusions, police reports, and the interpretation of “danger” to expose weaknesses in the prosecution’s case.
Building a Defense
Dunham & Jones Sex Crimes Attorneys analyze:
- The timeline of alleged events
- Witness statements and bodycam footage
- CPS reports and expert testimony
- Environmental conditions and accident reconstruction (if applicable)
By presenting objective facts and expert analysis, we demonstrate that circumstances do not meet the threshold for criminal liability.
Contact Dunham & Jones Today
If you’ve been accused of child endangerment in Texas, the consequences can be severe—even without physical harm. Dunham & Jones defends parents and caregivers across the state against endangerment and neglect charges.
Call 800-499-8455 today for a confidential free consultation to protect your rights, your reputation, and your family’s future.
