Endangering a minor is committed by a parent, guardian or other person obliged to raise, supervise or care for a child who seriously breaches this duty and thereby endangers the child’s physical, intellectual, moral or emotional development. The penalty is 1–5 years. The child does not need to suffer actual harm – endangering their development is enough.
Who can commit it?
- a parent exercising parental responsibility, and a guardian;
- the partner of the parent or guardian;
- a parent deprived of parental responsibility, if living in the same household as the child;
- any other person obliged to raise, supervise or care for the child (for example a foster parent).
In addition, any person over 18 can commit it if they induce a minor to commit a criminal or petty offence or to lead a dissolute life, or offer a minor for the commission of a crime.
Typical situations
- regular abuse, starvation, persistent failure to keep the child clean;
- failure to send the child to school;
- looking after a child while under the influence of alcohol or drugs;
- violence or sexual acts taking place in front of the child;
- involving a minor in theft or drug dealing.
What does the defence look at?
- Was the breach “serious”? Only an omission that fails to meet even the minimum expected parental conduct is a crime. According to court practice, occasional discipline without injury is not in itself a serious breach of duty.
- The family background: complaints often arise in the middle of a divorce or contact dispute. In such cases the defence also reviews the background of the complaint and the child protection files.
- Experts and child protection: psychological and child protection opinions can carry decisive weight; the defence can comment on them.
- Parallel proceedings: the criminal case can affect custody and parental responsibility, so statements must be kept consistent.
Frequently asked questions
Is a single slap a crime? According to court practice, an occasional punishment without injury is generally not endangering a minor – regular abuse, however, can be, and may also constitute bodily harm.
My ex-partner reported me because of a contact dispute. In such cases a fast, coordinated defence in both the criminal and the family law proceedings is especially important.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Offences against children and the family – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →