LOUISIANA CHILD ENDANGERMENT DEFENSE LAWYER

What is Considered Child Endangerment?

In Louisiana, child endangerment happens when a minor child’s physical health, emotional health, or safety is put at substantial risk due to neglect, abuse, or dangerous actions.

This can include exposing a child to a controlled dangerous substance, driving under the influence with a child in the car (DWI child endangerment), or failing to provide necessary food, medical treatment, or adequate supervision. Other situations that may lead to charges include allowing a child to be involved in pornographic displays, exposing them to commercial sexual exploitation, or forcing them into a sexual act.

A person legally obligated to care for a child, such as a parent, legal custodian, foster home parent, or person providing medical care, can face charges if they fail to secure adequate care or if their actions cause physical or mental injury.

Louisiana Child Endangerment Statutes

Louisiana RS 14:403

De acuerdo a Louisiana RS 14:403, certain individuals, such as teachers, doctors, social workers, and law enforcement officers are legally required to report child abuse or neglect. Failing to do so can lead to serious penalties.

If someone who is legally required to report child abuse or neglect knowingly fails to do so, they may face a fine of up to $500, up to six months in jail, or both. The penalties increase if the abuse involves sexual abuse, serious bodily injury, neurological impairment, or death of a child. Failing to report can result in a fine of up to $3,000 and up to three years in prison.

It is also illegal for anyone to interfere with an investigation into child abuse, neglect, or sexual abuse. This includes obstructing investigators or sharing confidential information without authorization, which can result in a fine of up to $500, six months in jail, or both. Additionally, knowingly making a false report of child abuse or neglect can also lead to the same penalties.

For adults 18 or older who witness sexual abuse of a child and do not report it to law enforcement or the Department of Children and Family Services, the consequences are much more severe. Failing to report witnessed sexual abuse can lead to a fine of up to $10,000, up to five years in prison, or both.

In legal cases involving child abuse or neglect, most confidentiality protections do not apply. Evidence related to the abuse, neglect, or sexual abuse of a child cannot be excluded from court proceedings based on privilege. The only exceptions are conversations between an attorney and their client or communications with a religious leader such as a priest, rabbi, or minister.

Louisiana RS 14:93

Por debajo Louisiana RS 14:93, cruelty to juveniles is a serious crime that involves mistreating or neglecting a child under 17 years old in a way that causes unjustifiable pain or suffering. This applies to anyone 17 or older, and not knowing the child’s age is not a valid defense.

The law also covers exposing a child to dangerous drug activity, such as being present in a clandestine drug lab or near the manufacturing, distribution, or purchasing of controlled dangerous substances. If it is likely that the child could be physically harmed, the person responsible may face criminal charges.

However, parents or guardians who provide healing treatments based on a well-recognized religious method instead of standard medical treatment are not automatically considered guilty of mistreatment or neglect under this law.

If someone is convicted of cruelty to juveniles, they can face a fine of up to $1,000, up to 10 years in prison, or both. If the victim is 8 years old or younger, the punishment increases to up to 20 years in prison with hard labor. The court also has the power to issue protective orders to keep the child safe during and after the criminal case.

Louisiana RS 14:14:91.4

As stated in Louisiana RS 14:14:91.4, it is illegal to hire or allow a convicted sex offender to work or have physical access to places where children are cared for. This includes early learning centers, residential homes for children, and private homes providing childcare services.

Anyone who knowingly violates this law can face a fine of up to $1,000, up to six months in jail, or both.

Louisiana RS 32:32:295.3

Louisiana RS 32:32:295.3 specifies that it is illegal for a driver to leave a child under six years old unattended and unsupervised in a vehicle. A child is considered unattended if the driver is more than 10 feet away and cannot continuously observe them. A child is unsupervised if no one 10 years or older is in the vehicle with them.

If a law enforcement officer sees a child left alone in a vehicle for more than 10 minutes, they have the right to remove the child if necessary for their safety. If this happens, the officer will leave a notice on the vehicle and hold the child until the parent or guardian returns.

Violating this law can lead to a fine of up to $500, up to six months in jail, or both. A second or subsequent offense carries a harsher penalty, including up to two years in prison and a fine between $1,000 and $2,000. Officers who act in good faith to protect a child under this law cannot be sued for their actions.