Abandoning or Endangering Child
An individual can be detained, arrested and charged with Abandoning or Endangering a child if any of the following conditions are met:
- If a person having care, custody or control of a child whom is younger than 15 years of age, the person intentionally abandons a child in any place that would expose the child to unreasonable risk of harm OR;
- If a person intentionally, knowingly, recklessly or with criminal negligence (by act or omission), places a child younger than 15 years of age in imminent danger of death, bodily injury or physical/mental impairment.
Under the Texas Penal Code, Chapter 22.041 goes further and seeks to incorporate the War on Drug into presumptions of guilt. Under this section, a person places a child in imminent danger of death, bodily injury or physical/mental impairment if:
- The person manufactured, possessed or introduced into one's own body the controlled substance of methamphetamine in the "presence" of a child OR;
- That the controlled substance of methamphetamine was related to the proximity or accessibility to the child and that an analysis of the child's blood/urine indicates the presence of methamphetamine OR;
- That the person was under the influence of an unlawfully obtained controlled substance listed in Penalty Group 1 (Section 481.102 of the Health and Safety Code).