Let’s All Chill, For A Minute.
Emotions and rumors are flying, so let’s make a few things clear:
Jana was charged with violating Arkansas Code § 5–27–207—Endangering the Welfare of A Minor, 3rd Degree. Under the statute, it is a crime to—
“recklessly engage[] in conduct creating a substantial risk of serious harm to the physical or mental welfare of a … minor.
“Physical or mental welfare” is further–defined as essentially meaning harm that involves more–than–momentarily physical injury, illness, or emotional trauma.
Note the word “recklessly.” Jana is not charged with purposely, maliciously, or intentionally putting a child in danger. (If she was, she’d be facing a much more serious offense.) She is essentially being charged with making a mistake, when she new better, and thereby putting a child in a dicey situation. Note that this mistake can be an action (e.g., letting a young child play with fireworks), or failure to act (e.g., not locking up the Tide Pods, not putting your child in a car seat). If WOCB is correct that Jana accidentally fell asleep while babysitting— thus, enabling a child to wander off—that’s an example of a failure to act.
So, yeah… Jana is charged with making a stupid mistake, basically. She’s charged with doing (or not doing) something, when she knew better.
I really, really want to stress: Jana is charged with a very, very minor crime. She’s facing 90 Days in jail, at the absolute worst. She is unlikely to do actual jail time. Probably, she will be sentenced to some community service, maybe probation, and possibly a fine.
Under Arkansas law, Jana’s alleged offense is a Class B Misdemeanor. There are three ‘classes’ of misdemeanors—Classes A, B, or C—with Class A being the worst. (Also, keep in mind, there’s also a whole slew of felony classes, all being significantly more severe). A Class A Misdemeanor’s penalty is up to 1 Year in jail. For Class B, it’s 90 Days. For Class C, it’s 30 Days.
As far as penalties go, shoplifting is more serious than Jana’s offense. Really. It’s really just… Not that serious. So no need to freak out and condemn her.