Is It a Crime to Kick My Child Out of the House?

 Posted on September 17, 2024 in Criminal Defense

Raising children is one of life’s most difficult tasks and there is no guaranteed method of success. Children’s behaviors span a wide spectrum and each child tests boundaries in his or her own way. Similarly, every parent disciplines how he or she thinks is best. Some parents resort to stronger measures such as removing the child from the house. This sometimes happens when the child exhibits disruptive or dangerous behaviors around other household members, particularly other children. Drugs, violence, and harassment are just some of the reasons parents have sent their children out of the home.

But is that legal? According to Texas law, expelling your child can be considered child endangerment. This article will discuss what child endangerment is, its penalties, and how to contact a Texas criminal defense lawyer who can protect your rights.

What Is Child Endangerment?

Child endangerment is a felony that carries serious penalties. According to Texas Penal Code - PENAL § 22.041, a person endangers a child if he or she:

• Knowingly and intentionally engages in behavior that places a child under 15 in imminent danger of death, injury, or mental or physical harm
• Knowingly abandons a child under 15 in a way that exposes the child to an unreasonable risk of harm

The law defines abandonment as leaving a child without necessary care in circumstances that a reasonable adult would not.

Is Kicking a Child Out Considered Child Endangerment?

Based on this statute, locking a child out of the house may be considered child endangerment, especially under certain circumstances. For example:

• The house is located in a crime-ridden neighborhood, which means locking the child outside would expose him or her to danger.
• The parent locks the child out for the entire night without providing alternative sleeping arrangements.
• The parent fails to provide the child with food.

A Houston mother was recently arrested after she intentionally locked her 12-year-old daughter out of the house following a disagreement. The girl slept on a bench and then walked half an hour to the police station. The mother, identified as Georgette Albert, was arrested for child endangerment because she "unlawfully, intentionally, and knowingly" placed a child under 15 in danger of imminent bodily injury.

What Are the Penalties for Child Endangerment?

Someone who is convicted of child endangerment may receive one of several penalties:

• If the defendant abandoned the child with intent to come back, it is a state felony. That carries a jail term of six months to two years and a fine of up to $10,000.
• If the defendant did not intend to return for the child, it is a third-degree felony which carries a prison term of two to 10 years and a fine of up to $10,000.
• If the defendant abandoned the child under circumstances that any reasonable adult would consider an imminent risk of death or injury to the child, it is a second-degree felony. This is punishable by a prison term of two to 10 years and a fine of up to $10,000.

Contact a Wilson County, TX Child Endangerment Defense Attorney

Raising children is difficult, but certain disciplinary measures can be seen as felonies under the law. Protect your rights by contacting BRCK Criminal Defense Attorneys. Every attorney in our firm is either a former prosecutor or a former judge, so we have an intimate knowledge of all sides of the criminal justice system. Schedule a free consultation with a Floresville, TX criminal defense lawyer by calling 830-769-1010 today.