Q: Can you be charge child endangerment for leaving a traffic stop with your own child?!

A: Yes you can be charged, but the prosecution will need to prove that it was both subjective and objectively endangerment to secure a conviction. There does not need to be a high-speed chase to endanger life. Anything outside the scope of what a reasonable and prudent driver would/should do in the circumstances may be enough.

A: Yes. You can be charged with literally ANYTHING and then it becomes your expense and responsibility to fight the charge. This question is marked for both Texas and Chicago, Illinois. The following answer is for Texas ONLY. If the incident occurred in Illinois then stop reading now because this does not apply to your situation.

No matter the charge, you can only be convicted of the charge if you either (1) give up fighting and enter a plea or (2) the government is able to prove every element of the offense beyond a reasonable doubt. In the example you give, the government would have to prove that you put the child in imminent danger of at least physical pain or that the child was exposed to certain illegal drugs, including methamphetamine.

What do you mean by "traffic stop?" If the driver was pulled over for suspicion of reckless driving and it became clear that the driver was impaired to a degree that rendered them incapable of safe driving then the prosecution might have something to go on. Also, if the driver decided to leave without being released by the officer then that would almost certainly cause the officer to pursue the driver... which could be dangerous in the same way that being chased by a rabid dog is dangerous... although the prosecutor might think twice about comparing the angry cop to a rabid dog!

The statute in question is Texas Penal Code Section 22.041(c) which states:

A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. See https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.041

"Bodily Injury" is defined in section 1.07(a)(8) as "physical pain, illness, or any impairment of physical condition."

The word “imminent” is not defined in the Penal Code but the Texas appellate courts have ruled that it means “ready to take place, near at hand, impending, hanging threateningly over one’s head, menacingly near.” Garcia v. State, 367 S.W.3d 683, 689 (Tex.Crim.App.2012), Devine v. State, 786 S.W.2d 268, 270 (Tex.Crim.App.1989), Millslagle v. State, 81 S.W.3d 895, 898 (Tex.App.-Austin 2002, pet. ref’d) See: https://www.pacefirm.com/faq/assault-by-threat.html