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In New York State one may be found guilty of the crime of endangering ofthe welfare of a child if the prosecution successfully proves beyond areasonable doubt that the individual knowingly acted in a manner thatwas likely to be injurious to the physical mental or moral welfare ofa child less than seventeen years old NY Penal Law 260101McKinney 2010 The prosecution can probably prove that the defendantJones knowingly acted since Jones acknowledged that he left his sleepingchildren who later awoke crying in a locked car for 10 minutes on ahot day to buy pizza a half a block away because they were exhaustedfrom running errands with him all day The prosecution will be able toprove that the children in question were under the age of 17 since Jonesacknowledged that his son Danny was five and his daughter Vanessa wasthree The disputed issue is whether Jones acted in a manner that waslikely to cause harm whether physical mental or moral to his childrenA court is likely to hold he did not because although he acted in amanner that was questionable in regards to his parenting skills the actis not on the level of criminal activity The issue is whether Jones acted in a manner that was likely to harm hischildren The statute that governs this manner is NY Penal Law 260101 which states that a violation occurs when he knowinglyacts in a manner likely to be injurious to the physical mental ormoral welfare of a child less than seventeen years old NY PenalLaw 260101 McKinney 2010 The likelihood of harm that may comeof two sleeping children aged three and five who were left for 10minutes in a hot car parked half a block away from the pizzeria wheretheir father went to buy the family pizza is to be considered As per People v Grajales where marijuana was found in the home of theparents which led to a child endangerment charge that in
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