COLUMN: Child endangerment among 'worst of the worst' traffic offenses

The Problem: Endangering a child while violating certain traffic laws.

The Law: S.C. Code of Laws Section 56-5-2947 indicates the following: A person 18 years of age or older who operates a motor vehicle in this state is guilty of child endangerment when the person is in violation of 56-5-750 (failure to stop for a police vehicle), 56-5-2930 (driving under the influence), 56-5-2933 (driving with unlawful alcohol concentration), 56-5-2945 (felony DUI), and the person has one or more passengers under 16 years of age in the motor vehicle when the violation occurs.

The Penalty: In addition to the original charge, a person found guilty of child endangerment is subject to receiving not more than one half of the maximum fine and/or one half of the maximum imprisonment for any of the four mentioned violations.

Not very many people are aware of this law and it only applies to those individuals who are truly the very worst of our community’s traffic violators. It seems only natural that a law protecting children from this type of a violator would exist and that police officers would be conducting heavy enforcement to control it. Unfortunately, it is one of those laws where officers usually get involved only after the violation has occurred and someone has been needlessly injured.

Since spring is upon us, we thought this to be an opportune time to address all of you “worst of the worst” traffic violators who place children in danger by having them in the car while you commit one of these most serious traffic violations. You saw the penalty listed previously, but what you may not have considered is that this particular penalty will be coupled with the penalty from any original violation a driver may have committed if he is convicted.

Let me give you an example: A drunk driver decides he/she is going to take a child under the age of 16 for a spin around the block. While driving, our intoxicated hero runs a stop sign and collides with another vehicle causing a fatality in the vehicle he struck. Now, not only is the drunk driver charged with felony DUI, but he also faces a child endangerment charge because he had a passenger in his vehicle under the age of 16. The penalties will look like this: for the felony DUI resulting in death, a fine of not less than $10,100 or more than $25,100 and imprisonment for not less than one year or more than 25 years. For the child endangerment charge, the drunk driver would face additional consequences that could result in up to half of the penalties given for the felony DUI. In this scenario, the driver not only faces serious charges for two law infractions but will also have to live with the fact that someone needlessly died at their hands and that their child passenger will most likely be traumatized for the rest of their life.

Placing a child in a dangerous situation like this absolutely shocks the social conscience and you can rest assured that the law developed to punish these criminals will be applied anytime a violation is determined. If you count yourself in this group, then you need to be ready because our officers and the highway patrol are heavily enforcing the DUI law in the city and, if you violate it, with or without a child in the vehicle, they will not be lenient with you.

From the Florence Police Department we ask that you think carefully before placing a child in any unnecessary danger.