18 Pa.C.S. §4304 covers the crime of Endangering Welfare of Children. This is a charge that covers a wide range of conduct but most Lehigh County criminal lawyers would agree that it is frequently "overcharged". It can either be charged as a first degree misdemeanor or a third degree felony, depending on whether the actions constituting the crime involved a "course of conduct". The first definition of the offense is,
A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support
You should first note the biggest issue right off the bat -- that someone "knowingly" endangered a child. It is not for an unintentional act or mistake.
The second definition is,
A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).
This is a less common charge, but is sometimes related to teachers.
The statute goes on to define, " As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child."
For case law, look no further than
Commonwealth v. Taylor. Appellant was acquitted of simple and indecent assault, indecent exposure, open lewdness, and false imprisonment. The trial court convicted appellant under the Crimes Code, 18 P.S. § 4304, for endangering the welfare of children. Appellant's post-trial motions were denied and he was sentenced to probation. On appeal, appellant alleged that the evidence was insufficient to sustain his conviction. The court reversed appellant's conviction and remanded the case for a new trial. The court ruled that because appellant violated a duty he owed to the children in his care and endangered their physical and moral welfare, his conduct was culpable. The court held that the trial court's instruction to the jury was erroneous. The trial court erred by permitting a conviction based upon conduct that was not included in the accusation against appellant
Commonwealth v. Taylor, 324 Pa. Super. 420 (Pa. Super. Ct. 1984)