Enhanced Sentences for Child Endangerment
Colorado identifies various crimes as “extraordinary risk crimes.” Felony child abuse is one such extraordinary risk crime set out on the list in C.R.S. § 18-1.3-401(10), while C.R.S. 18-1.3-501(3)(b) addresses misdemeanor child abuse. These crimes place the public at a heightened risk of harm, and in response, the legal system imposes stricter presumptive incarceration times. Added jail or prison time can increase by 6 months to 4 years, depending on the offense’s classification.
Charges and Penalties for Placing a Child in Harm’s Way
Endangering the welfare of a child can be a misdemeanor or felony offense. The circumstances giving rise to these charges vary so greatly that a wide range of incarceration periods and fines are possible. The more significant the injury, the more likely the accused will face felony charges. Such situations include:
- Death
- Serious bodily injury
- Prior convictions for child abuse anywhere in the U.S.
- Suspects holding a position of trust
The law defines a person in a position of trust as someone responsible for the child’s health and well-being at the time of the incident. This definition goes beyond parents and legal guardians to include teachers, doctors, nannies, and many others.
Child abuse can range from a class 1 felony (F1) to an F5 crime. At the most extreme end, alleged perpetrators may face life imprisonment for an F1 crime, such as first-degree murder. Those guilty of F5 crimes may receive sentences of 1 to 4 years in prison and fines ranging from $1,000 to $100,000.
If the behavior does not cause serious bodily harm or death, then misdemeanor charges will likely apply. In these cases, suspects face jail times up to 18 months and fines from $50 to $5,000. Both felony and misdemeanor child endangerment convictions could also put a parent’s custody rights into question. A robust defense plan is necessary to combat these allegations, and our child endangerment legal team is ready to help.
