Legal Question in Criminal Law in Indiana
Criminal Charges
If a 5 year old child is swimming at the beach and a wave comes and takes him under and he drowns, at the time his father, an onlooker taking pictures, and a lifeguard are looking and are able to rescue him but don't can any of them be criminally charged?
1 Answer from Attorneys
Re: Criminal Charges
The facts of such a tragic event would have to be reviewed by the prosecutors office in the jurisdiction where it occured. This can only be done after law enforcement has finished their investigation of the incident.
If the child was in the fathers care at the time, then there may be an issue of neglect of dependent which is a felony in Indiana. Other issues of criminal reclessness may also be considered, but again only after all the facts and circumstances have been reviewed in determining in any offense has been committed. This will be based of the elements as provided by the law paricular to the specific offenses believed to have been violated.
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