Child endangering is a serious offense in Ohio and is treated as such. The Ohio Revised Code (ORC) dealing with child endangering includes allowing a toddler to roam the streets unsupervised to having a child act in pornography. Each type of violation has a different penalty attached which can run from a first degree misdemeanor to high felonies.
The particular section of the offense 2919.22(C) pertains to a person operating a vehicle while under the influence of alcohol or a drug of abuse while having a person(s) under the age of 18 in the vehicle at the time of the offense. Along with the 1st degree misdemeanor of OVI, the child endangering also is a 1st degree misdemeanor. Conviction of both offenses could result in each conviction carrying 6 months in the county jail.
Since both violations also have a graduating penalty phase, previous convictions for either one turn into felonies. Both also call for the suspension of driving privileges, monetary fines and so on. The child endangering also means Children’s Services will become involved. A parent can and commonly do lose custody of a child when this crime is committed.
A person who drives while under the influence with their child in the car, or family for that matter, must look at themselves introspectively and determine if they are not a full blown alcoholic or drug addict to boot.
I once arrested a man for OVI who had gone to the high school and picked up his daughter and her date from the prom. With a chaperone like that, imagine the embarrassment of the young lady on that special night, not to mention the danger the father put everyone in. The expense of both an OVI and Child Endangering charge would not be miniscule, including attorney fees.
With the OVI being handled in Municipal Court, the Child Endangering would be in Juvenile Court. 2 court cases, possibly 2 trials. That would not be a 2 for 1 deal anyone would want.
Following is the ORC section dealing with OVI/Child Endangering.
2919.22 Endangering children.
(A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.
(B) No person shall do any of the following to a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age:
(C) (1) No person shall operate a vehicle, streetcar, or trackless trolley within this state in violation of division (A) of section 4511.19 of the Revised Code when one or more children under eighteen years of age are in the vehicle, streetcar, or trackless trolley. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of this division and a violation of division (A) of section 4511.19 of the Revised Code that constitutes the basis of the charge of the violation of this division. For purposes of sections 4511.191 to 4511.197 of the Revised Code and all related provisions of law, a person arrested for a violation of this division shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(2) As used in division (C) (1) of this section:
(a) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code.
(b) “Vehicle,” “streetcar,” and “trackless trolley” have the same meanings as in section 4511.01 of the Revised Code.
(E) (1) Whoever violates this section is guilty of endangering children.
(5) If the offender violates division (C) of this section, the offender shall be punished as follows:
(a) Except as otherwise provided in division (E) (5) (b) or (c) of this section, endangering children in violation of division (C) of this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under this section or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child, except as otherwise provided in division (E) (5) (c) of this section, endangering children in violation of division (C) of this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to the child involved and if the offender previously has been convicted of a violation of division (C) of this section, section 2903.06 or 2903.08 of the Revised Code, section 2903.07 of the Revised Code as it existed prior to March 23, 2000, or section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section, endangering children in violation of division (C) of this section is a felony of the fourth degree.
(d) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(5)(a), (b), or (c) of this section or pursuant to any other provision of law and in addition to any suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law, the court also may impose upon the offender a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.
(e) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction imposed upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this section or pursuant to any other provision of law for the violation of division (C) of this section, if as part of the same trial or proceeding the offender also is convicted of or pleads guilty to a separate charge charging the violation of division (A) of section 4511.19 of the Revised Code that was the basis of the charge of the violation of division (C) of this section, the offender also shall be sentenced in accordance with section 4511.19 of the Revised Code for that violation of division (A) of section 4511.19 of the Revised Code.
(G) (1) If a court suspends an offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege under division (E) (5) (d) of this section, the period of the suspension shall be consecutive to, and commence after, the period of suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege that is imposed under Chapter 4506., 4509., 4510., or 4511. of the Revised Code or under any other provision of law in relation to the violation of division (C) of this section that is the basis of the suspension under division (E) (5) (d) of this section or in relation to the violation of division (A) of section4511.19 of the Revised Code that is the basis for that violation of division (C) of this section.
(2) An offender is not entitled to request, and the court shall not grant to the offender, limited driving privileges if the offender’s license, permit, or privilege has been suspended under division (E) (5) (d) of this section and the offender, within the preceding six years, has been convicted of or pleaded guilty to three or more violations of one or more of the following:
(a) Division (C) of this section;
(b) Any equivalent offense, as defined in section 4511.181 of the Revised Code.
(H) (1) If a person violates division (C) of this section and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of division (C) of this section for each of the children, but the court may sentence the offender for only one of the violations.
Amended by 129th General Assembly File No.29, HB 86, §1, eff. 9/30/2011.
Effective Date: 01-01-2004; 08-11-2004; 05-17-2006; 08-17-2006; 2008 HB280 04-07-2009
