When Drug Charges Trigger Child-Endangerment in Illinois

 Posted on December 04, 2025 in Drug Charges

Illinois prosecutors may file additional charges when children are present during a traffic stop, drug raid, or alleged drug delivery. These are known as "child-endangerment add-ons" under 720 ILCS 5/12C-5. These add-on charges can quickly transform simple possession into a multi-felony situation with much more serious consequences. Even when a child was not directly involved and was not harmed, Illinois law allows prosecutors to argue that the drug activity placed the child in a "dangerous situation."

Child endangerment charges carry separate penalties, DCFS involvement, and even the loss of parental rights in some cases. Anyone facing drug allegations in Illinois with add-on child endangerment charges must understand how these charges work and how an experienced Naperville, IL criminal defense lawyer can fight the charges in the most effective manner.  

What is Child Endangerment in Illinois?

Illinois law defines child endangerment as an act that causes or permits a child to be placed in circumstances that endanger the child’s life or health. To prove child endangerment charges, the prosecutor must show that a child under the age of 18 was present or exposed to danger, and that the defendant recklessly or knowingly created the risk. The circumstances must show that there was a real probability of harm to the child, but because the language of the statute is so broad, prosecutors have significant leeway in adding these charges to existing drug charges.

Why Do Prosecutors Often Add Child Endangerment Charges in Drug Cases?

By adding child endangerment charges to drug charges, the prosecutor gains leverage in plea discussions. The additional charges significantly increase the risk of a much longer sentence, creating greater pressure on the defendant to accept a plea deal.

Child endangerment charges may be used by the prosecutor to argue that the defendant posed a greater harm to society because of the presence of children. Even a misdemeanor-level drug activity can become a felony when a child is present, and courts take child-related allegations seriously, even when the evidence is hardly overwhelming.

When Are Child Endangerment Add-Ons Most Common in Illinois?

There are certain situations that are more likely to result in the prosecutor adding on child endangerment charges, including:

• A home raid where children are present, and there are firearms found near the drugs, drug paraphernalia within a child’s reach, drugs on a coffee table or counter, or edibles in "child-attractive" packaging.
• A traffic stop where drugs or drug paraphernalia are found will result in the prosecutor arguing that the child was exposed to illegal activity and was thus at risk.
• In drug delivery cases or possession with intent to deliver, even when the child had no access to drugs, the prosecutor may argue that drug activity in the home equals inherent danger.
• Prosecutors will argue that drug manufacturing (meth labs) or cannabis growing automatically equals heightened danger for children.  

What Are the Penalties for Child Endangerment?

A first offense for child endangerment could be charged as a Class A misdemeanor, depending on the circumstances. Penalties could include up to one year in jail, probation, and mandatory assessments, fines, and counseling. If the situation is determined to be "aggravated" (the child was at serious risk of harm) or involved other felony offenses, the child endangerment could be charged as a Class 3 or Class 4 felony offense.

The penalties include one to five years in prison with extended-term sentencing possible, and a DCFS investigation. Loss of custody, mandatory parenting classes, court-ordered substance abuse treatment, and an adverse effect on immigration status are also potential consequences.   

Contact a Naperville, IL Drug Crimes Attorney

An experienced DuPage County, IL criminal defense lawyer from Appelman Law LLC can argue that there was no actual risk of danger to the child, dispute that the child had access to the drugs, or challenge whether the defendant knew the child was present or understood the risk. Illegal searches can be suppressed, and if DCFS does not substantiate neglect, the criminal charge weakens. In addition to his law degree, Attorney Appelman has a master’s degree in forensic psychology. Call 630-717-7801 to schedule your free consultation.