Under Windhorst’s bill, a person commits the offense of Fentanyl-related Child Endangerment when a person knowingly or recklessly endangers the life or health of a child under the age of 18 by exposing or allowing a child to be exposed to or ingest fentanyl. The charge would become Aggravated Fentanyl-related Child Endangerment when a child dies, suffers great bodily harm, or becomes disabled or disfigured as a result of the exposure.
The idea for the legislation was brought to Windhorst by Massac County State’s Attorney Josh Stratemeyer after two incidents in Massac County where young children had ingested fentanyl. Stratemeyer says the law enforcement community is working overtime to combat the spread of fentanyl and its exposure to our youth.
“The smallest grain of this deadly drug can severely injure and even kill a small child,” Stratemeyer said. “We have sadly seen too many instances of adults overdosing on fentanyl-laced drugs in our communities, and with the spread of the drug has come incidents of young children being exposed."
If the legislation is enacted, Fentanyl-related Child Endangerment would become a Class 2 Felony punishable up to 7 years in the Illinois Department of Corrections. Aggravated Fentanyl-related Child Endangerment becomes a Class X Felony, and a person convicted of that offense would face the possibility of a maximum of 30 years in prison and a fine of up to $100,000.
“I have been disturbed by multiple reports throughout the state, including two local incidents of children ingesting substances containing fentanyl. It is time to send a strong message that we will not tolerate adults exposing children to this deadly substance,” Windhorst said. “We must hold adults accountable when they act in a reckless manner, endanger our children’s lives, and spread the scourge of this deadly drug in our communities.”
This proposal underscores the urgency of addressing the fentanyl crisis and protecting children from its devastating effects.