Printable Format21-5601. Endangering a child; aggravated endangering a child. (a) Endangering a child is knowingly 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 endangered.
(b) Aggravated endangering a child is:
(1) 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 endangered;
(2) causing or permitting such child to be in an environment where the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto; or
(3) causing or permitting such child to be in an environment where the person knows or reasonably should know that drug paraphernalia or volatile, toxic or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine, or analog thereof, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto.
(c) (1) Endangering a child is a class A person misdemeanor.
(2) Aggravated endangering a child is a severity level 9, person felony. The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. Such sentence shall not be considered a departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is endangered for the sole reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
(e) As used in this section:
(1) "Manufacture" means the same as in K.S.A. 21-5701, and amendments thereto; and
(2) "drug paraphernalia" means the same as in K.S.A. 21-5701, and amendments thereto.
History: L. 2010, ch. 136, § 78; L. 2011, ch. 30, § 34; July 1.
Source or Prior Law:
21-3608, 21-3608a.
CASE ANNOTATIONS
1. Statute not unconstitutionally vague and would not encourage arbitrary and erratic arrests and convictions. U.S. v. Gumbs, 16 F. Supp. 3d 1292, 1297 (2014).
2. Charge of aggravated child endangerment requires the defendant to be actually aware of a child's presence or for circumstances to establish a strong likelihood of a child's presence when acting recklessly. State v. Herndon, 52 Kan. App. 2d 857, 865-67, 379 P.3d 403 (2016).
3. Proof of a probability or likelihood of harm is not required to prove child endangerment. State v. Holley, 315 Kan. 512, 517, 509 P.3d 542 (2022).