Monday, January 7, 2008

DRUG ENDANGERED CHILDREN

DRUG ENDANGERED CHILDREN
ARIZONA
A.R.S. § 13-3623 (2004)
§ 13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exception; definitions A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense… C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 4.
CALIFORNIA
Cal Pen Code § 273a (2005)
§ 273a. Endangering child or causing or permitting child to suffer physical pain, mental suffering, or injury; Conditions of probation (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years. (b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.
Cal Pen Code § 13875 (2005)
§ 13875. (Operative until July 1, 2006; Repealed January 1, 2007)Legislative findings and declarations (a) The Legislature finds and declares that the clandestine manufacture of methamphetamine and other controlled substances has created a public health and safety crisis for children in California. An increasing number of children in this state are being abused, neglected, and placed at highest risk of harm or death as a result of their presence in homes or dwellings involved in clandestine drug production and distribution. In 1999, more than 1,200 children were found in 2,400 clandestine laboratories seized by California law enforcement agencies. That same year, the number of drug-related toxic "cleanups" in California reached an all-time high. The actual number of drug endangered children is unknown, since many clandestine home labs are abandoned due to fire or explosion before they become known to authorities. (b) The Legislature further finds and declares that the response to children discovered in clandestine drug labs varies greatly from county to county. In many cases, the response has been inadequate. Services may be fragmented, and untrained staff can fail to recognize the danger to the child. Without coordinated assessment and intervention, children may be left in or returned to these deadly environments. The Legislature further finds and declares that the Counties of Los Angeles, San Diego, Orange, Riverside, San Bernardino, Butte, and Shasta have implemented multiagency response teams consisting of law enforcement, prosecution and health or children's service, that can respond most effectively to clandestine laboratories in which children are present. (c) The Legislature further finds and declares that clandestine laboratories are increasingly operated in single and multifamily homes, garages, apartments, motels, and mobile homes in urban and suburban neighborhoods. The dangers to children, those in the lab and nearby, are significantly higher in those counties where most clandestine labs are located in residential neighborhoods. The Legislature recognizes the need to provide financial assistance for those counties that have the highest number of clandestine laboratory seizures with children present, and that have implemented multiagency response teams for drug endangered children. (d) The Legislature intends to support the efforts of counties that have implemented a multiagency response to drug endangered children that includes, at a minimum, all of the following: (1) Staffing a multiagency team consisting of law enforcement, prosecution, and health or children's services personnel or both health and children's services personnel, to respond to drug endangered child cases. (2) Coordinating immediate and ongoing medical treatment and family services for drug endangered children under the direction of a child services worker.
(3) Vertically prosecuting drug manufacturers and sellers who endanger children.
Cal Pen Code § 13876 (2005)
§ 13876. (Operative until July 1, 2006; Repealed January 1, 2007)California Drug Endangered Child Protection Act pilot program established; Allocation and award of funds; Sharing of information by multidisciplinary personnel (a) There is hereby established in the agency or agencies designated by the Director of Finance pursuant to Section 13820 a pilot program of technical and financial assistance for counties, designated the California Drug Endangered Child Protection Act. All funds appropriated to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of this chapter shall be administered and disbursed by the executive director and shall to the greatest extent feasible be coordinated or consolidated with federal funds that may be made available for these purposes. The agency or agencies designated by the Director of Finance pursuant to Section 13820 may retain up to 5 percent of the amount appropriated for purposes of this act to cover costs associated with administering this program. (b) The executive director is authorized to allocate and award funds to counties in which the California Drug Endangered Child Protection Act is implemented in substantial compliance with the policies and criteria set forth in this chapter. (c) The allocation and award of funds shall be made upon application executed by the county's district attorney, or county sheriff, if the sheriff is currently the lead agency in the county's existing Drug Endangered Children Program, and approved by its board of supervisors. Funds disbursed under this chapter shall not supplant local funds that would, in the absence of the California Drug Endangered Child Protection Act, be made available to support the functions of this program. The district attorney or county sheriff shall consult with each agency receiving funding as part of the county's Drug Endangered Children Program to develop the budget submitted to the agency or agencies designated by the Director of Finance pursuant to Section 13820 for the purposes of implementing this chapter. (d) Law enforcement, prosecution, health, and children's services personnel working on multiagency teams established pursuant to this chapter shall be considered "multidisciplinary personnel" as defined in Section 18951 of the Welfare and Institutions Code, and may share information necessary for the protection of the minor.
Cal Pen Code § 13878 (2005)
§ 13878. (Operative until July 1, 2006; Repealed January 1, 2007)Enhanced prosecution efforts and resources
District attorneys receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals who endanger children through exposure to the clandestine manufacture of controlled substances, their precursors, and analogs under Sections 11379.6 and 11383 of the Health and Safety Code. Where appropriate, felony child endangerment charges shall be filed in every case under subdivision (a) of Section 273a of the Penal Code or special allegations under Section 11379.7 of the Health and Safety Code. Enhanced prosecution efforts and resources under the Drug Endangered Child Protection Act shall include, but not be limited to, all of the following: (a) "Vertical prosecutorial representation," whereby the prosecutor who makes the initial filing or appearance in a drug endangered child case will perform all subsequent court appearances on that particular case through its conclusion, including the sentencing phase. (b) Assignment of highly qualified investigators and prosecutors to drug endangered child cases. (c) Significant reduction of caseloads for investigators and prosecutors assigned to drug endangered child cases.
Cal Pen Code § 13879.80 (2005)
§ 13879.80. Written policies for response to narcotics crime scenes where child lives (a) Every law enforcement and social services agency in this state is encouraged to develop, adopt, and implement written policies and standards for their response to narcotics crime scenes where a child is either immediately present or where there is evidence that a child lives, by January 1, 2005. These policies shall reflect the fact that exposing a child to the manufacturing, trafficking, and use of narcotics is criminal conduct and that a response coordinated by law enforcement and social services agencies is essential to the child's health and welfare. (b) The needs of a drug endangered child are best served with written policies encouraging the arrest of an individual for child endangerment where there is probable cause that an offense has been committed coordinated with an appropriate investigation of the child's welfare by child protective agencies. Protocols that encourage a dependency investigation contemporaneous with a law enforcement investigation at a narcotics crime scene, when appropriate, are consistent with a child's best interest.
CONNECTICUT
Conn. Gen. Stat. § 53-21 (2004)
§ 53-21. Injury or risk of injury to, or impairing morals of, children. Sale of children.
(a) Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child. . . shall be guilty of a class C felony for a violation of subdivision (1) or (3) of this subsection and a class B felony for a violation of subdivision (2) of this subsection. GEORGIA
O.C.G.A. § 16-5-73 (2004)
§ 16-5-73. Prohibition against presence of children during manufacture of methamphetamine; punishment (b)(1) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years. (2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years.
ILLINOIS
§ 720 ILCS 5/12-4.10
§ 12-4.10. Drug related child endangerment
(a) A person commits the offense of drug related child endangerment when he or she endangers the life and health of a child by knowingly exposing the child to a clandestine drug laboratory environment by performing any of the following acts: (1) producing, manufacturing, or preparing a controlled substance; or (2) producing, manufacturing, or preparing an ingredient required to manufacture a controlled substance; or (3) storing chemicals used in the controlled substance manufacturing process in a structure to which the child has access; or (4) storing contaminated apparatus used in the controlled substance manufacturing process in a structure to which the child has access; or (5) storing chemical waste and other by-products created during the controlled substance manufacturing process in a structure to which the child has access; or
(6) storing any device used for the ingestion of controlled substances in a structure to which the child has access.
§ 720 ILCS 5/12-4.11
§ 12-4.11. Aggravated drug related child endangerment.
(a) A person commits the offense of aggravated drug related child endangerment when he or she: (1) commits a violation of drug related child endangerment; and (2) the child experiences death, great bodily harm, disability or disfigurement as a result of the drug related child endangerment. (b) Sentence. Aggravated drug related child endangerment is a Class X felony.
IOWA
IOWA CODE § 726.6 Child endangerment.
1. A person who is the parent, guardian, or person having custody or control over a child or a minor under the age of eighteen with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person does any of the following: a. Knowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety. . .
g. Knowingly permits a child or minor to be present at a location where amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, is manufactured in violation of section 124.401, subsection 1, or where a product is possessed in violation of section 124.401, subsection 4.
KANSAS
K.S.A. § 21-3608 (2005)
21-3608. Endangering a child. (a) Endangering a child is intentionally and unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health may be injured or endangered.
K.S.A. § 21-3608a (2005)
21-3608a. Aggravated endangering a child. On and after July 1, 2004: (a) Aggravated endangering a child is: (1) Intentionally and recklessly causing or permitting a child under the age of 18 years to be placed in a situation in which the child's life, body or health is injured or endangered; (2) permitting such child to be in an environment where a person is selling, offering for sale or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture or attempt to manufacture any methamphetamine as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or (3) permitting such child to be in an environment where drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.
MASSACHUSETTS
ALM GL ch. 265, § 13L (2005)
§ 13L. Reckless Endangerment of Children.
Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 21/2 years. For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
"Serious bodily injury", bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or substantial risk of death.
MINNESOTA
Minn. Stat. § 609.378 (2004)
§ 609.378 Neglect or endangerment of a child
(b) Endangerment. A parent, legal guardian, or caretaker who endangers the child's person or health by:
(1) intentionally or recklessly causing or permitting a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health or cause the child's death; or (2) knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance, as defined in section 152.01, subdivision 4, in violation of section 152.021, 152.022, 152.023, or 152.024; is guilty of child endangerment and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both. If the endangerment results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $ 10,000, or both.
MISSOURI
§ 568.045 R.S.Mo. (2005)
§ 568.045. Endangering the welfare of a child in the first degree, penalties 1. A person commits the crime of endangering the welfare of a child in the first degree if: (1) The person knowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old; or . . . (5) Such person, in the presence of a person less than seventeen years of age, unlawfully manufactures, compounds, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues.
§ 568.050 R.S.Mo. (2005)
§ 568.050. Endangering the welfare of a child in the second degree 1. A person commits the crime of endangering the welfare of a child in the second degree if: (1) He 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 old; or . . . (4) He 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 195.130, RSMo.
[§ 195.130. Places used for illegal sale and use--nuisances, suits to enjoin, procedure--public nuisance, criminal penalty, property subject to forfeiture 1. Any room, building, structure or inhabitable structure as defined in section 569.010, RSMo,
which is used for the illegal use, keeping or selling of controlled substances is a "public nuisance". No person shall keep or maintain such a public nuisance.]
MONTANA
MCA § 45-5-622 (2004)
45-5-622 Endangering welfare of children. (1) A parent, guardian, or other person supervising the welfare of a child less than 18 years old commits the offense of endangering the welfare of children if the parent, guardian, or other person knowingly endangers the child's welfare by violating a duty of care, protection, or support.
NEW HAMPSHIRE
RSA 639:3 (2004)
§ 639:3. Endangering Welfare of Child or Incompetent I. A person is guilty of endangering the welfare of a child or incompetent if he knowingly endangers the welfare of a child under 18 years of age or of an incompetent person by purposely violating a duty of care, protection or support he owes to such child or incompetent, or by inducing such child or incompetent to engage in conduct that endangers his health or safety.
NEW JERSEY
N.J. Stat. § 2C:24-4 (2005)
§ 2C:24-4. Endangering welfare of children a. Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S. 9:6-1, R.S. 9:6-3 and P.L. 1974, c. 119, § 1 (C. 9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.
NEW YORK
NY CLS Penal § 260.10 (2005)
§ 260.10. Endangering the welfare of a child A person is guilty of endangering the welfare of a child when:
1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or 2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act. Endangering the welfare of a child is a class A misdemeanor.
NORTH DAKOTA
N.D. Cent. Code, § 19-03.1-22.2 (2005)
§ 19-03.1-22.2. Endangerment of child or vulnerable adult
2. Unless a greater penalty is otherwise provided by law, a person who knowingly or intentionally causes or permits a child or vulnerable adult to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in subsection 1, is guilty of a class C felony. 3. Unless a greater penalty is otherwise provided by law, a person who violates subsection 2, and a child or vulnerable adult actually suffers bodily injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia, is guilty of a class B felony unless the exposure, ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a class A felony.
OHIO
ORC Ann. 2919.22 (2005)
§ 2919.22. Endangering children
(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:
(6) Allow the child to be on the same parcel of real property and within one hundred feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within one hundred feet of, any act in violation of section 2925.04 or 2925.041 [2925.04.1] of the Revised Code when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation of section 2925.04 or 2925.041 [2925.04.1] of the Revised Code that is the basis of the violation of this division.
[§ 2925.04. Illegal manufacture of drugs or cultivation of marihuana]
[§ 2925.041. Illegal assembly or possession of chemicals for the manufacture of drugs]
OKLAHOMA
21 Okl. St. § 852.1 (2004)
§ 852.1. Child endangerment--Knowingly permitting physical or sexual abuse A. A person who is the parent, guardian, or person having custody or control over a child as defined in Section 7001-1.3 of Title 10 of the Oklahoma Statutes, commits child endangerment when the person knowingly permits physical or sexual abuse of a child or who knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes. However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the abuse would result in substantial bodily harm to the person or the child.
OREGON
ORS § 163.575 (2003)
163.575. Endangering the welfare of a minor. (1) A person commits the crime of endangering the welfare of a minor if the person knowingly: . . . (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted. . .
PENNSYLVANIA
18 Pa.C.S. § 4304 (2004)
§ 4304. Endangering welfare of children (a) OFFENSE DEFINED.-- A parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support. (b) GRADING.-- An offense under this section constitutes a misdemeanor of the first degree. However, where there is a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.
TEXAS
Tex. Penal Code § 22.041 (2004)
§ 22.041. Abandoning or Endangering Child
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
UTAH
Utah Code Ann. § 76-5-112.5 (2005)
§ 76-5-112.5. Endangerment of child or elder adult (2) Unless a greater penalty is otherwise provided by law, any person who knowingly or intentionally causes or permits a child or elder adult to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in Subsection (1), is guilty of a felony of the third degree. (3) Unless a greater penalty is otherwise provided by law, any person who violates Subsection (2), and a child or elder adult actually suffers bodily injury, substantial bodily injury, or serious bodily injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia, is guilty of a felony of the second degree unless the exposure, ingestion, inhalation, or contact results in the death of the child or elder adult, in which case the person is guilty of a felony of the first degree.
WYOMING
Wyo. Stat. § 6-4-403 (2004)
§ 6-4-403 Abandoning or endangering children; penalties; "child"; disclosure or publication of identifying information; "minor victim" (a) No parent, guardian or custodian of a child shall:. . . (ii) Knowingly or with criminal negligence cause, permit or contribute to the endangering of the child's life or health by violating a duty of care, protection or support.