Sponsor Statement for SB 282

Relating to Child Endangerment

This bill provides tools for protection of Alaska’s children. The first tool is to change the word "intentionally" to the word "knowingly"; for purposes of legal clarification.

The current language requires a higher standard for prosecution for child endangerment. Convictions have been successfully evaded in cases where a child is endangered because of the term "intentionally". The argument has been that they were not intent upon harm to the child when they placed them in such circumstances.

The term "knowingly" reduces the legal standard to an act where the parent knowingly placed a child in a situation where harm could result. The parent becomes responsible for their actions.

The second tool is the new language regarding conduct which creates a substantial risk of physical injury. This language is intended to apply to those situations where a parent engages in conduct, such as alcohol consumption or drug use, that subsequently endangers the child.

SS SB 282 S(HES) 3/17/98