Texas Penal Code § 22.041 – A Felony That Can Take Your Children and Your Freedom

In Texas, Child Endangerment (officially “Abandoning or Endangering a Child”) is committed when a person who has custody, care, or control of a child under 15 intentionally, knowingly, recklessly, or with criminal negligence:

• Places the child in imminent danger of death, bodily injury, or physical/mental impairment, or
• Abandons the child in a situation where a reasonable person would know it creates imminent danger

No actual injury is required – only that the child was placed in a dangerous situation.

Punishment Ranges

• State Jail Felony (most common): 180 days – 2 years in state jail + up to $10,000 fine
• Second-Degree Felony: If the child suffers serious bodily injury or death because of the endangerment
  → 2 – 20 years in prison

Real-World Examples That Trigger Felony Charges

• Driving drunk or high with a child in the car (even if no crash occurs)
• Leaving young children home alone for hours or overnight
• Allowing a child to live in a meth lab or filthy, unsafe home
• Letting a child ride unrestrained or in the bed of a pickup truck on the highway
• Exposing a child to violent domestic situations or known sex offenders
• Failing to seek medical care for a seriously ill or injured child

These cases are prosecuted aggressively because CPS and law enforcement work together from day one.

The Hidden Danger: CPS Involvement

A child-endangerment arrest almost always triggers an immediate CPS investigation. Even if criminal charges are later dismissed, CPS can remove your children and seek termination of parental rights. Courts give enormous weight to a felony endangerment conviction.

Why You Need Barton & Associates Immediately

Child-endangerment cases are emotional, evidence-heavy, and move extremely fast. Prosecutors, CPS caseworkers, and judges err on the side of “protecting the child,” which often means overcharging and presuming guilt.

At Barton & Associates, Attorneys at Law, we defend both the criminal case and the CPS case at the same time with one coordinated strategy:

• Former prosecutors who know how to negotiate with CPS before removal happens
• Immediate intervention to prevent emergency removal of children
• Challenge “imminent danger” claims with medical experts, accident-reconstruction specialists, and toxicologists
• Fight DWI/DUI + endangerment cases together to keep one from destroying the other
• Secure dismissals, reductions to Class C tickets, or deferred adjudication that protects parental rights

We answer phones 24/7 and can have an attorney at the jail or CPS office within hours.
If you or someone you love has been arrested for child endangerment, abandoning a child, or any offense involving children in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential consultation.