720 ILCS 5/12C-10 – Child Abandonment

720 ILCS 5/12C-10 – Child Abandonment

This law makes it a crime for someone responsible for a child to leave them alone in a way that puts them in danger or shows lack of care.

This Illinois law says that a parent or guardian can be charged if they leave a child alone for an unreasonable time or in unsafe conditions, depending on the child’s age and maturity. The punishment can be a felony, and repeated offenses have higher penalties.

(a) A person breaks this law if, as a parent, guardian, or someone who takes care of a child, they knowingly allow the child to be alone or do things independently in a way that isn’t safe or reasonable for that situation or for too long. The child’s maturity matters more than their exact age. It doesn’t count as abandonment if a newborn is safely given up according to the Abandoned Newborn Infant Protection Act.

(b) To decide if the child was left without enough care or safety, the court looks at things like:

1. The child’s age.
2. How many children were left.
3. If the child has any special needs or medical conditions.
4. How long the child was left alone.
5. Where the child was left and what that place was like.
6. The time of day or night.
7. The weather and whether the child had shelter, heat, or light.
8. Where the adult was and how far away they were from the child.
9. Whether the child was trapped or locked in a space.
10. Whether the child had a phone number or knew how to call for help.
11. If food or supplies were left for the child.
12. Whether the situation was caused by money problems or illness and the adult tried to care for the child.
13. The abilities of anyone who was supposed to supervise the child.
14. Anything else that could be dangerous for the child.
15. If another person was supposed to watch the child.

(c) Sentence: Child abandonment is a Class 4 felony. If someone has already been convicted once before, it becomes a Class 3 felony. A parent convicted of this crime can be given probation under Section 12C-15.

View the full statute here.

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