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NY Mom faces jailtime after leaving kids in parked car while she shops amid freezing temp

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Handcuffed woman's hand. Photo by Grianghraf. | Unsplash.com

A 27-year-old mom from Long Island, New York, may face jail time after being arrested on child endangerment charges for leaving her young kids in a parked car while she shops at the Smith Haven Mall, authorities said.

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Handcuffs and key on display. Photo by Bill Oxford. | Unsplash.com

Suffolk County police arrested Guevarra-Diaz after finding her 3- and 9-year-old kids in a parked car while she was shopping at the mall.

According to reports, the police responded to a 911 call after a concerned citizen found the two kids in a parked Nissan Pathfinder.

The kids were allegedly left alone by their mom in the car for at least 30 minutes.  At 37 degrees, the temperature was almost at a near-freezing point because the car wasn’t running.

The police did not release any information on the children’s condition at the time. But, reports said that they appeared to be fine when they were found. Later on, the police released the children to a friend of the family. They also shared that they also notified Child Protective Services (ACS) since the children were endangered.

Endangering children under the New York Penal Law

Subsection 1 of New York Penal Law 260.10 defines the class A misdemeanor of Endangering the Welfare of a Child as an “intentional act that may potentially cause substantial risk to life and health.”

The best criminal lawyers may argue that invoking the New York Penal Law 260.10 for leaving the kids in a parked car by themselves is a “classic overcharge,” but the fact is, it is a devastating crime. The statute focuses on the “potential” for injury, so the law does not require proof that any injury occurred.

The law only applies to parents and guardians. The law persecutes parents and guardians who did not exercise “reasonable diligence.” The crime is punishable by a criminal record and up to one year in jail. Plus, it is shameful, and the stigma of the accusation is as grave as any other criminal activity.

Guevarra-Diaz vs. the New York Penal Law

As of press time, reports confirmed that the young mom (Guevarra-Diaz) would face child abuse charges for leaving her kids unattended and putting them in danger.

She is expected to be arraigned at the First District Court in Central Islip. However, no information was released about whether she retained a lawyer.

Always on the lookout for fun stuff to try, and great lifestyle stories to share. Writing about life and beauty since 2015.

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