CRIM CD-ENDANGERING CHILD

104th Regular Session Introduced by Harry Benton

Expands endangerment of a child to include leaving under 12 unattended and defines unattended as with or out of sight of a 12+ caregiver, with tougher penalties for repeats.

Summary of HB5240 (104th General Assembly, Illinois)

Purpose and intent

The bill amends the Illinois Criminal Code of 2012 to broaden and clarify the offense of endangering the life or health of a child.

It adds (or reinforces) that leaving a child under 12 years of age unattended is a basis for criminal liability.

Key provisions and changes

Redefines the offense to include three acts: 1) Knowingly causing or permitting the life or health of a child under age 18 to be endangered. 2) Knowingly causing or permitting a child to be placed in circumstances that endanger the child’s life or health. 3) Leaving a child under 12 years of age unattended.

Clarifies “unattended” for enforcement purposes:

A child is unattended if not accompanied by a person age 12 or older (previously age 14 referenced in the statute).
If a child is with a person age 12 or older, the child is considered unattended if the child is out of sight of that accompanying person.

Enhanced penalties:

A first violation is a Class A misdemeanor.
A second or subsequent violation is a Class 3 felony.
If the violation is a proximate cause of the child’s death, it remains a Class 3 felony, with a sentencing minimum of 2 years and a maximum of 10 years if imprisonment is imposed.
Parents found in violation may be eligible for probation under existing provisions (Section 12C-15).

Exceptions:

The act does not apply to relinquishing a child under the Abandoned Newborn Infant Protection Act.

Who and what is affected

Offenders: Individuals who knowingly endanger a child or leave a child under 12 unattended, including parents and guardians.

Children: The statute targets protection for children under 18, with particular emphasis on very young children (under 12) regarding unattended scenarios.

Courts: Adjusted classifications and sentencing schemes (Class A misdemeanor; Class 3 felony; mandatory minimums where applicable) and probation options for parents.

Procedural and timeline aspects

The bill is introduced for the 2025-2026 session and would become law upon passage and signing.

It modifies a component of the Illinois Criminal Code (720 ILCS 5/12C-5; formerly 12-21.6).

Specific effective dates are not stated in the summary text; typically, such changes take effect upon the bill’s effective date after enactment or a stated effective date within the enacted law.

Practical impact

Clarifies and tightens the meaning of “unattended” to close gaps where a child’s safety could be compromised when with a caregiver.

Increases accountability for repeated offenses through enhanced penalties.

May lead to more charges in cases involving young children left unattended or placed in dangerous circumstances.

Provides parental probation pathways for first-time offenders, balancing accountability with rehabilitation opportunities.

If you’d like, I can provide a section-by-section comparison to the current statute or draft a one-page briefing for policymakers.