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When and Why Do Child Endangerment Laws in Pennsylvania Apply?

Posted by Joseph D. Lento | Oct 29, 2024 | 0 Comments

A 37-year-old resident of King of Prussia has two new criminal charges on her record: Endangering the Welfare of Children and Recklessly Endangering Another Person. Officers responded to a parking lot after receiving reports of an infant locked in a car. The details are still fuzzy, but police officers must have determined that Angela Golebiewski's actions fit the criminal definitions found in Pennsylvania law.

Thousands of parents in Pennsylvania have likely left their child alone in a car seat for a brief moment. Whether or not they received criminal charges relies on their situation's unique details and whether someone else was around to make a report in the first place.

If you are facing charges related to child endangerment or abuse, you must understand that Pennsylvania will not go easy on you, even as a first-time offender. The LLF Law Firm Criminal Defense Team can defend you from criminal allegations and prevent minor mistakes from being misconstrued into terrible acts. Call today at 888-535-3686 or contact us through our website to protect your rights and your family's future.

How Pennsylvania Defines Child Endangerment

Pennsylvania law strictly prohibits actions that jeopardize the safety and well-being of children. Based on what officers saw after arriving at the parking lot, they felt it was necessary to charge Golebiewski with:

  • Endangering the Welfare of Children, which makes it illegal for parents and guardians in charge of a minor child to knowingly endanger their safety and welfare by not fulfilling their parental duties of care and protection. This includes situations where a parent's actions—or lack thereof—place a child in harm's way.
  • Recklessly Endangering Another Person, arising when someone recklessly engages in conduct that places or may place another person in danger of death or serious bodily injury. Unlike the child-specific statute, this law applies to endangering any individual, regardless of age.

Pennsylvania does not have a criminal statute specifically called 'Leaving A Young Child in a Car.' Any criminal charges someone receives for leaving a child unsupervised in this manner are due to law enforcement's belief that it could result in harm or injury to the child.

Extenuating Circumstances At Play

If Golebiewski did not break a specific law regarding leaving a child in a vehicle, what factors caused these criminal charges? Arresting officers hold different opinions, but they may take action based on an array of factors, including:

  • Duration of Time: Pennsylvania law doesn't specify an exact timeframe that constitutes endangerment. Even a few minutes can be considered risky, especially under adverse conditions.
  • Environmental Factors: Cars can heat up rapidly in warm weather, and it isn't uncommon to see police or nearby bystanders break windows to save a child they fear is at risk of harm.
  • Location: Leaving a child in a public parking lot may be viewed differently than in a private driveway. Public areas introduce additional risks like abduction or accidental harm. In Golebiewski's case, the nearby residents of King of Prussia made a police report instead of committing a criminal act.
  • Intent and Necessity: If a parent is simply running back into the house to grab their purse while the child is in the driveway, this differs from hours of neglect in a parking lot.

You may think that leaving a child alone, either outside or in a vehicle, is a clear-cut case of abuse or neglect. But, in many Scandinavian countries, it's culturally accepted for parents to let their children nap outside in strollers, even unattended. Applying these foreign societal standards to your defense in US courts might not be the best strategy, but it does highlight how good parents sometimes have reasons for doing something, even if the letter of the law disagrees.

Protect Your Future as a Parent With the LLF Law Firm

Child abuse or endangerment charges occurring after police intervention or ChildLine reports in Pennsylvania are no laughing matter. When children are involved, the legal system pulls no punches.

The LLF Law Firm Criminal Defense Team can protect you and your family if similar charges are currently placing your future at risk. Call today at 888-535-3686 or reach out through our website to discuss your case and get started on your defense.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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