A Utah mom who threw an underage drinking party for her son and his friends is being charged with child endangerment after one of the party goers died.
Contributing to the delinquency of a minor
40 year old Kristina Teresa Valdez was throwing a birthday party for her teenage son at their Kearns, Utah home when she told one of her son’s friends to leave. The teens were enjoying alcohol and drugs while under the care of Valdez when the friend started acting belligerent. After being kicked out into the cold with only light clothing on, the 17 year old boy passed out in a nearby field and died, possibly from exposure. The teen’s parents assumed he had run way and searched for him for over two weeks before his body was discovered. An autopsy revealed the teen had been intoxicated and under the influence of marijuana. Valdez was charged with contributing to the delinquency of a minor and child endangerment.
Not only was Valdez charged with letting the teenagers have alcohol, she is also facing charges for allegedly letting them use marijuana while in her home. This is considered child endangerment which is punishable as a first, second, or third degree felony. Utah code 76-5-112.5 states regarding child endangerment:
- “. . . a person is guilty of a felony of the third degree if the person knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia;
- . . . a person is guilty of a felony of the second degree, if: the person engages in the conduct described [above]; and as a result of the conduct . . . a child or a vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury; or
- a person is guilty of a felony of the first degree, if: the person engages in the conduct described [above]; and as a result of the conduct . . . a child or a vulnerable adult dies.”
Although the teen died after Valdez kicked him out of the party drunk and high, she is only facing a third degree felony instead of a first degree felony. Parents are encouraged to not use illegal activity as a way to be the “cool parent”.Those parents who are facing charges for allowing children to break the law in their home should consult with a criminal defense attorney.