Child Endangerment Flashcards
Reckless endangerment of a child (265/13L) elements (two types) :
1)The suspect must have recklessly engaged in conduct that created a substantial risk of serious bodily injury or sexual abuse to a child under 18
2)The suspect recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury or sexual abuse to a child under 18 ( Provided that the party had a legal duty to act on behalf of the child)
Reckless Endangerment of a child (265/13L) Right of arrest:
Arrest for breach of the peace in presence
Otherwise complaint.
(Most of the time this offense occurs with other arrestable crimes like domestic violence or sexual assault)
This behavior occurs when a person consciously disregards a substantial and unjustifiable risk that his acts or failure to act will result in serious bodily injury or sexual abuse of a child under 18 is the definition of
Reckless endangerment
(Disregarding the risk must be a gross deviation from reasonable conduct. Remember failure to act may only be the basis for this crime if the suspect had LEGAL DUTY to protect the child)
Results in permanent disfigurement,
protracted loss or impairment of bodily function,limb, organ
substantial risk of death. this is the definition of ?
Serious bodily injury
Definition of Sexual Abuse: (7) crimes
1) Indecent A&B on a child 14 and under
2) Indecent A&B on a person 14 and over
3)Rape
4)Forcible rape of a child 16 and under
5)Statutory rape
6)Assault with intent to rape
7)Assault of a child with intent to rape
Leading police on a car chase with a child in the vehicle can be charged?
Child endangerment, Reckless endangerment of a child.
Is an unsecured child in a car seat reckless endangerment ?
No, negligent yes but does not amount to reckless behavior
(To be reckless an offender must consciously disregard an obvious risk of serious death and injury)
Angry and dangerous _______ may be child endangerment
Behavior
(Examples : Soares vs commonwealth, Party attacked mother who was holding baby then threw chair against a wall that the mother had to avoid. The reckless behavior near the baby created a substantial risk of injury toward the baby)
Not providing proper and timely _______ _______ may be child endangerment
Medical care
(Example: grandmother of child refused to allow daughter to take her baby to hospital after fall
Mother refused to follow proper medical follow up after child recovered from cancer, child died)
Drunken or _________ behavior in front of child may be endangerment
Drugged
(Example : Father was drunk walking on train tracks with his 11 year old helping him balance. Father new substantial risk of injury walking on train tracks while intoxicated with the son)
Permitting a child to consume _______ or _______ may become endangerment
Alcohol / Drugs
(Example: Parents drank with daughter and friends, Next day friend became very ill but parents would not let her seek any medical attention and attempted their own interventions )
Drug distribution in a home is ________ child endangerment
Not
(example: Commonwealth vs Hernandez: Even though children were seen around the house multiple times while an undercover came to purchase heroin. There was no evidence that anyone in the home carried a firearm, any violence occurred at the home,or that any drugs were left in the reach of the children or digested by them)
To charge Child Endangerment by possessing drug paraphernalia the items must be___________ ?
Reachable by the child
(Example: Presence of bloody needles in a diaper bag is not child endangerment because it did not prove the child could access the bag )
Presence of drugs and potential access by child must be _______ and ________ for endangerment
Known and Disregarded
(Example: Comm vs Costa: Dad brought daughter to firehouse for consuming half a suboxone pill. No proof of child endangerment because it was not known how she got the pill and she was being closely monitored by the parents enough to stop her from finishing the whole pill)
Leaving a child alone for a brief amount of time is not endangerment but failing to search for the child after they _____ ________ is
Wanders away
(Example:Comm vs Santos: 3 year old found wandering in a school playground. Mom stated child was downstairs watching tv, which is fine, when mom discovered her missing she searched for 10 minutes then guessed she was at a neighbors. She failed to take reasonable steps to alleviate a substantial risk of serious bodily injury)
An Officer can charge both Child endangerment and _____ ____ _________ ____ to the same defendant
A&B with substantial injury
(Example: Comm vs Garcia: Father struck child on anus with belt that required the child go to emergency room that required surgery, Child endangerment occurred because the defendant purposely disregarded the risk of injury. Just because an injury occurred does not eliminate child endangerment)
The Sex Offender Registry (SORB)(6/178K) was created to :
Counteract the danger of recidivism posed by sex offenders
A person who resides, works or attends an institution of higher learning in Massachusetts and who has been: 1) Convicted or adjudicated delinquent of a sex offense, 2) released from incarceration, parole, probation or DYS or 3) adjudicated a sexually dangerous person (Chapter123A) is known as a ……
Sex offender
A person who has been convicted or adjudicated of a sexually violent offense AND who suffers from a mental abnormality making the person likely to engage in sexual violence. Is the definition of
Sexually Violent Predator (SVP):
Sex offender registration offenses (6/178H) (4):
1) Fail to register
2)Fail to verify their registration information
3)Fail to provide notice of change of address
4)Provide False information
Under 6/178N SO registry will not be used to ______ _____ _______ SO or engage in illegal discrimination or harassment.
Commit a crime against
A sex offender commits a crime if he engages in ______ ______ _____vending.(265/48)
Ice cream truck
Right of arrest for SO registration offense ?
Warrantless Arrest on Probable cause
Right of arrest for Misuse of SO registry information ?
Arrest for breach of peace in presence otherwise complaint.
Right of arrest for SO Ice cream truck vending ?
Warrantless arrest on probable cause
SO violations may be prosecuted and punished in any county where the SO knowingly (4):
1) Failed to register
2) Failed to verify registration
3) Fail to provide a change address
4) Provide false information
Police and public officials who are acting in good faith are not civilly or criminally liable for any ______ __ _______ _________ or for any act under SO law
Dissemination of SO information
An incarcerated SO must register ____ ____ before release
2 days
An out of state SO must register if they have a “Like violation”. SO from outside shall ….(3 options )
1)Register by Mail within 2 days of moving to Commonwealth
2)Notify the board within 2 days of beginning employment here
3)Register within 2 days of attending or transferring into an institute of high education within Massachusetts
Definition of “like violation” pertaining to an SO’s out of state conviction:
To be a like violation the elements of the crime must be the same or nearly the same
When an SO is moving out of the Commonwealth they have __ days before leaving to notify SORB
10 days ( The board will notify the SO of their duty to notify to register with the new jurisdictions and forward a copy of their data to the police there )
