Part IV · Punitive Articles

Article 119b. Child endangerment · MCM ¶ 59

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. Any person subject to this chapter—
(1) who has a duty for the care of a child under the age of 16 years; and
(2) who, through design or culpable negligence, endangers the child’s mental or physical health, safety, or welfare;
shall be punished as a court-martial may direct.
(b) Elements.
(1) That the accused had a duty for the care of a certain child;
(2) That the child was under the age of 16 years; and
(3) That the accused endangered the child’s mental or physical health, safety, or welfare through design or culpable negligence.
(c) Explanation.
(1) Design. “Design” means on purpose, intentionally, or according to plan and requires specific intent to endanger the child.
(2) Culpable negligence. Culpable negligence is a degree of carelessness greater than simple negligence. It is a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission. In the context of this offense, culpable negligence may include acts that, when viewed in the light of human experience, might foreseeably result in harm to a child. The age and maturity of the child, the conditions surrounding the neglectful conduct, the proximity of assistance available, the nature of the environment in which the child may have been left, the provisions made for care of the child, and the location of the parent or adult responsible for the child relative to the location of the child, among others, may be considered in determining whether the conduct constituted culpable negligence.
(3) Harm. Actual physical or mental harm to the child is not required. The offense requires that the accused’s actions reasonably could have caused physical or mental harm or suffering. However, if the accused’s conduct does cause actual physical or mental harm, the potential maximum punishment increases. See subparagraph 77.c.(1)(c) for an explanation of grievous bodily harm.
(4) Endanger. “Endanger” means to subject one to a reasonable probability of harm.
(5) Age of victim as a factor. While this offense may be committed against any child under 16, the age of the victim is a factor in the culpable negligence determination. Leaving a teenager alone for an evening may not be culpable (or even simple) negligence; leaving an infant or toddler for the same period might constitute culpable negligence. On the other hand, leaving a teenager without supervision for an extended period while the accused was on temporary duty outside commuting distance might constitute culpable negligence.
(6) Duty required. The duty of care is determined by the totality of the circumstances and may be established by statute, regulation, legal parent-child relationship, mutual agreement, or assumption of control or custody by affirmative act. When there is no duty of care of a child, there is no offense under this paragraph. Thus, there is no offense when a stranger makes no effort to feed a starving child or an individual not charged with the care of a child does not prevent the child from running and playing in the street.
(d) Maximum punishment.
(1) Endangerment by design resulting in grievous bodily harm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years.
(2) Endangerment by design resulting in harm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.
(3) Other cases by design. Dishonorable discharge, forfeiture of all pay and allowances and confinement for 4 years.
(4) Endangerment by culpable negligence resulting in grievous bodily harm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.
(5) Endangerment by culpable negligence resulting in harm. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 2 years.
(6) Other cases by culpable negligence. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 1 year.
(e) Sample specification s.
(1) Resulting in grievous bodily harm. In that____________(personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) on or about ____ 20 __, had a duty for the care of ________, a child under the age of 16 years and did endanger the (mental health) (physical health) (safety) (welfare) of said ____________, by (leaving the said _________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said _______’s diabetic condition) (_________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in grievous bodily harm, to wit:________________) (broken leg) (deep cut) (fractured skull)).
(2) Resulting in harm. In that _________ (personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) on or about _________ 20 __, had a duty for the care of _________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said _________, by (leaving the said _________unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said _________’s diabetic condition) (______________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in (harm, to wit:________) (a black eye) (bloody nose) (minor cut)).
(3) Other cases. In that __________(personal jurisdiction data), (at/on board—location) (subject-matter jurisdiction data, if required) on or about ______ 20 __, was responsible for the care of __________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said________, by (leaving the said _____________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said ___________’s diabetic condition) (___________), and that such conduct (was by design) (constituted culpable negligence).
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.
3a-59-1CHILD ENDANGERMENT
NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

(1) By design resulting in grievous bodily harm: DD, TF, 8 years, E-1. (Category 3)

(2) By design resulting in harm: DD, TF, 5 years, E-1. (Category 2)

(3) Other cases by design: DD, TF, 4 years, E-1. (Category 2)

(4) By culpable negligence resulting in grievous bodily harm: DD, TF, 3 years, E-1. (Category 2)

(5) By culpable negligence resulting in harm: BCD, TF, 2 years, E-1. (Category 2)

(6) Other cases by culpable negligence: BCD, TF, 1 year, E-1. (Category 1)

Sample specification

Resulting in grievous bodily harm:

In that____________(personal jurisdiction data), (at/on board—location), on or about ____ 20 __, had a duty for the care of ________, a child under the age of 16 years and did endanger the (mental health) (physical health) (safety) (welfare) of said ____________, by (leaving the said _________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said_______’s diabetic condition) (_________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in grievous bodily harm, to wit:________________) (broken leg) (deep cut) (fractured skull)).

Resulting in harm:

In that _________ (personal jurisdiction data), (at/on board—location), on or about _________ 20 __, had a duty for the care of _________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said _________, by (leaving the said _________unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said _________’s diabetic condition) (______________), and that such conduct (was by design) (constituted culpable negligence) (which resulted in (harm, to wit:________) (a black eye) (bloody nose) (minor cut)).

NOTE 2. CAUTION. The Benchbook uses the sample specifications prescribed by the President as contained in the MCM. The language of the relevant statute, 10 USC § 919b, provides that, “Any person subject to this chapter who has a duty for the care of a child under the age of 16 years, who, through design or culpable negligence, endangers the child’s mental or physical health, safety, or welfare, shall be punished as a court-martial may direct.” Only the MCM’s sample specification for Child Endangerment where no harm is alleged (“Other cases,” below) uses the language “was responsible for the care of.” The other sample specifications for Child Endangerment use the actual statutory language of “had a duty for the care of.” Judges and practitioners must conduct their own research to determine the legal sufficiency of the MCM’s sample specification.

Other cases:

In that __________(personal jurisdiction data), (at/on board—location), on or about ______ 20 __, was responsible had a duty for the care of __________, a child under the age of 16 years, and did endanger the (mental health) (physical health) (safety) (welfare) of said________, by (leaving the said _____________ unattended in (his) (her) quarters for over _________ (hours) (days) with no adult present in the home) (by failing to obtain medical care for the said ___________’s diabetic condition) (___________), and that such conduct (was by design) (constituted culpable negligence).

Elements

(1) That the accused had a duty for the care of (state the name of the alleged victim);

(2) That (state the name of the alleged victim) was then under the age of 16 years; (and)

(3) That (state the time and place alleged), the accused endangered (state the name of the alleged victim)’s (mental health) (physical health) (safety) (welfare) through (design) (culpable negligence) by ____________________; [and]

[(4)] That the accused’s conduct resulted in (harm) (grievous bodily harm) to (state the name of the alleged victim), to wit: __________.

Definitions & other instructions

“Endanger” means to subject one to reasonable probability of harm.

“Duty of care” is determined by the totality of the circumstances and may be established by statute, regulation, legal parent-child relationship, mutual agreement, or assumption of control or custody by affirmative act. When there is no duty of care of a child, there is no offense under this paragraph. Thus, there is no offense when a stranger makes no effort to feed a starving child or an individual, such as a neighbor, not charged with the care of a child does not prevent the child from running and playing in the street.

(“Design” means on purpose, intentionally, or according to plan and requires specific intent to endanger the child.)

(“Culpable negligence” is a degree of carelessness greater than simple negligence. It is a negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to others of that act or omission. In the context of this offense, culpable negligence may include acts that, when viewed in the light of human experience, might foreseeably result in harm to a child. The age and maturity of the child, the conditions surrounding the neglectful conduct, the proximity of assistance available, the nature of the environment in which the child may have been left, the provisions made for care of the child, and the location of the parent or adult responsible for the child relative to the location of the child, among others, may be considered in determining whether the conduct constituted culpable negligence. (While this offense may be committed against any child under 16, the age of the victim is a factor in the culpable negligence determination. Leaving a teenager alone for an evening may not be culpable (or even simple) negligence; leaving an infant or toddler for the same period might constitute culpable negligence. On the other hand, leaving a teenager without supervision for an extended period while the accused was on temporary duty outside commuting distance might constitute culpable negligence.))

NOTE 3. If actual harm not alleged. If the endangerment is not alleged to have resulted in actual harm, give the following instruction:

Actual physical or mental harm to the child is not required. The offense requires that the accused’s actions reasonably could have caused physical or mental harm or suffering.

NOTE 4. If harm is alleged. If the endangerment is alleged to have resulted in harm, give the following instruction:

“Harm” means actual physical or mental injury to the child.

NOTE 5. If grievous bodily harm is alleged. If the endangerment is alleged to have resulted in grievous bodily harm, give the following instruction:

“Grievous bodily harm” means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

NOTE 6. Other Instructions. If “by design” is alleged, Instruction 7-3, Circumstantial Evidence (Intent), is normally applicable. Instruction 5-21, Voluntary Intoxication, may be raised by the evidence. If causation is in issue (“resulting in harm”), see Instruction 5-5, Causation, Intervening Causes, Contributory Negligence.
Source: Instruction 3a-59-1 · view original on jagcnet.army.mil