Child endangerment involves placing a child in a situation that may harm their physical, mental, or emotional well-being. In Nebraska, the law identifies various forms of endangerment, including physical harm, neglect, and exposure to dangerous situations.
The penalties for child endangerment range from misdemeanors to felonies, depending on the severity of the offense.
In this article, we’ll go over important information about these laws, including the penalties, available defenses, and ways a child endangerment defense attorney can protect your rights when you’re facing accusations of this nature.
Omaha Lawyer for Child Endangerment
Child endangerment cases are taken very seriously by the state, as accusations must be prosecuted immediately under state law.
The skilled team at Liberty Law Group is ready to build your defense against all child abuse crimes, including the child endangerment.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
Information Center
- What Is Child Endangerment?
- What a Prosecutor Must Prove
- Penalties for Child Endangerment
- Defenses in Child Endangerment Cases
- Role of a Defense Lawyer in Child Endangerment Cases
- Non-Jail Alternatives in Child Endangerment Cases
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Child Endangerment in Omaha, Nebraska
What Is Child Endangerment?
Under Nebraska Revised Statute 28-707, child endangerment occurs when a minor is put in a situation that threatens their life, physical health, or mental well-being. This can result from knowing, intentional, or negligent actions. Examples include:
- Neglect: Failing to provide essential necessities such as food, clothing, shelter, or care.
- Physical harm: Subjecting the child to cruel confinement, punishment, or other forms of physical abuse.
- Sexual exploitation: Engaging or allowing the child to participate in sexually explicit activities.
- Human trafficking: Involving a child in forced labor or services such as prostitution.
What a Prosecutor Must Prove
To secure a conviction for child endangerment, the prosecutor must demonstrate the following elements:
- Action or Inaction: The defendant either placed the child in, or allowed the child to remain in, a harmful situation.
- Intent: The defendant’s actions were knowing, intentional, or negligent.
- Risk: The defendant’s behavior created a significant risk to the child, even if no actual harm occurred. For instance, leaving a child in a hot car may be considered endangerment, even if the child does not suffer injury.
Penalties for Child Endangerment
| Classification | Penalties |
| Class I Misdemeanor | Up to 1 year in jail and a $1,000 fine. Applies when harm is caused negligently without serious injury. |
| Class IIIA Felony | Up to 3 years in prison and a $10,000 fine. Applies when harm is caused knowingly and intentionally but without serious injury, or if negligence results in injury. |
| Class IIA Felony | Up to 20 years in prison. Applies when negligence results in death. |
| Class II Felony | 1 to 50 years in prison. Applies when serious injury is caused knowingly and intentionally. |
| Class IB Felony | 20 years to life in prison. Applies when the offense knowingly and intentionally results in death. |
Defenses in Child Endangerment Cases
- Accidental Incident: If the event occurred by accident and wasn’t due to negligence or recklessness, the accused person cannot be found guilty of this offense.
- False Accusations: False accusations may arise, particularly in emotionally charged situations such as custody disputes.
- Parental Rights: Parents have the right to make decisions about their child’s care and discipline.
- Not the Responsible Party: Someone else, like a babysitter or another parent, could have been responsible for the endangerment, not the accused person.
Challenging the prosecution’s evidence is a common strategy in all cases. An experienced child endangerment lawyer can argue that there is insufficient evidence to prove beyond a reasonable doubt that the accused person committed the offense.
Role of a Defense Lawyer in Child Endangerment Cases
- Review the Charges: They will gather necessary information, review the case’s details, and evaluate the charges against you.
- Explain Legal Processes: Your lawyer will ensure you understand every step of the legal process, from pre-trial motions to potential court appearances.
- Protect Your Rights: A lawyer will protect your rights throughout the case, ensuring fair treatment from law enforcement and during trial procedures.
- Develop a Defense Strategy: They will analyze the prosecutor’s evidence and look for weaknesses or inconsistencies that could work in your favor.
- Negotiate on Your Behalf: If a plea deal is advantageous, your lawyer will negotiate with the prosecutor with the aim of securing the best possible outcome for you.
- Provide Ongoing Support: Throughout the legal process, your lawyer will offer advice and guidance, helping you make informed decisions about your case.
Non-Jail Alternatives in Child Endangerment Cases
In some instances, especially for first-time offenders or in cases where the offense is less severe, non-jail alternatives may be available. These alternatives can include:
- Probation: An individual may avoid jail time by being placed on probation, which requires them to meet certain conditions, such as regularly reporting to a probation officer, attending counseling, or completing community service.
- Diversion Programs: These programs aim to rehabilitate rather than punish. They may involve counseling, parenting classes, or substance abuse treatment. Successful completion could result in the charges being reduced or dismissed.
- Fines and Restitution: In some child abuse and endangerment cases, the accused person may face a more significant monetary penalty instead of incarceration. They might also be required to pay restitution to the victim or their family for any harm caused.
Frequently Asked Questions
What is child endangerment in Nebraska?
Child endangerment involves placing a child in harm’s way, risking their life, physical, or mental well-being.
What are the specific Nebraska laws relevant to child endangerment?
Nebraska Revised Statute 28-707 criminalizes negligent and intentional acts of child-related harm.
What situations are considered child endangerment?
Situations that create substantial risks to a child’s health, including neglect, abuse, or exposure to hazardous conditions.
What are the penalties for child endangerment in Nebraska?
Penalties range from misdemeanors with jail time and fines to felonies punishable by up to life in prison.
How can a prosecutor prove child endangerment?
The prosecutor must prove the defendant knowingly, intentionally, or negligently placed the child in a harmful situation.
Is it possible to be charged with child endangerment without the child being harmed?
Yes, a child doesn’t need to suffer actual harm; placing them in a dangerous situation is enough.
What are common defenses against child endangerment charges?
Common defenses include lack of intent, false accusations, and the argument that the actions were reasonable under the circumstances.
Can child endangerment charges result from negligence?
Yes, child endangerment can arise from negligent actions where the person should have known the risk to the child.
What is the difference between intentional and negligent child endangerment?
Intentional child endangerment involves knowingly placing a child in harm’s way, while negligence refers to carelessness.
How can a criminal defense lawyer help in a child endangerment case?
A lawyer helps by reviewing the case, protecting the client’s rights, and advocating for reducing or dismissing charges.
What are some examples of child endangerment?
Examples include leaving a child alone in a hot car or exposing them to dangerous individuals or environments.
Additional Resources
Nebraska Child Endangerment Law
This is the official law on child endangerment and abuse. It explains different scenarios under which child abuse can occur, including endangerment to the child’s life or health, and cruel punishment.
Child Abuse and Neglect Definitions and Indicators
This resource from the Nebraska Department of Health and Human Services defines and provides indicators for different types of child abuse and neglect. It includes physical, emotional, and sexual abuse as well as neglect.
Violence, Child Abuse & Neglect
ChildrensNebraska.org addresses the issues of violence, child abuse, and neglect, focusing on their impact in educational settings. It goes over the role of school staff as mandatory reporters of child mistreatment and explains the child abuse reporting process.
Hire an Attorney for Child Endangerment in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all child abuse crimes, including the child endagerment.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
