Pa. Cons. Stat. » 18 Pa. Cons. Stat. (CRIMES AND OFFENSES) / Chapter 43
Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 4304 (2026)

 Endangering welfare of children.

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§ 4304.  Endangering welfare of children.

(a)  Offense defined.--

(1)  A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.

(2)  A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).

(3)  As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child.

(b)  Grading.--

(1)  Except as provided under paragraph (2), the following apply:

(i)  An offense under this section constitutes a misdemeanor of the first degree.

(ii)  If the actor engaged in a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.

(iii)  If, in the commission of the offense under subsection (a)(1), the actor created a substantial risk of death or serious bodily injury, the offense constitutes a felony of the third degree.

(iv)  If the actor's conduct under subsection (a)(1) created a substantial risk of death or serious bodily injury and was part of a course of conduct, the offense constitutes a felony of the second degree.

(2)  The grading of an offense under this section shall be increased one grade if, at the time of the commission of the offense, the child was under six years of age.

(c)  Counseling.--A court shall consider ordering an individual convicted of an offense under this section to undergo counseling.

(Dec. 19, 1988, P.L.1275, No.158, eff. 60 days; July 6, 1995, P.L.251, No.31, eff. 60 days; Nov. 29, 2006, P.L.1581, No.179, eff. 60 days; June 29, 2017, P.L.246, No.12, eff. 60 days)

 

2017 Amendment.  Act 12 amended subsec. (b) and added subsec. (c).

2006 Amendment.  Act 179 amended subsec. (a).

Cross References.  Section 4304 is referred to in sections 3104, 6318 of this title; section 2106 of Title 20 (Decedents, Estates and Fiduciaries); sections 5329, 6340, 6344 of Title 23 (Domestic Relations); sections 5552, 5920, 5985.1, 5993, 62A03, 9718.1 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

Notes of Decisions
Cited in 396 cases (120 in the last 5 years), 1974–2026 · leading case: Commonwealth v. Lynn, W., 114 A.3d 796 (Pa. 2015).
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Commonwealth v. Lynn, W., 114 A.3d 796 (Pa. 2015). · cites it 14× “The report concluded that the statute that criminalized endangering the welfare of a child (EWOC), 18 Pa.C.S. § 4304 (1995), as it existed, at that time, was written in a manner that allowed church officials such as Appellee to escape criminal liability.”
Com. v. Krock, S., 282 A.3d 1132, 2022 PA Super 153 (Pa. Super. Ct. 2022). · cites it 8× “4 18 Pa.C.S. § 4304(a). 5 Krock was charged with one count of EWOC for each of the three minors in his vehicle at the time of the accident.”
United States v. Andrew F. Galo, 239 F.3d 572 (3d Cir. 2001). · cites it 6× “” As recited earlier, Galo’s state convictions were for two counts each of: (1) Corruption of Minors in violation of 18 Pa. Cons. Stat. Ann. § 6301; (2) Endangering the Welfare of a Child in violation of 18 Pa.”
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). · cites it 7× “The comments to 18 Pa.C.S. § 4304 note that the section "consolidates and simplifies the various provisions concerning crimes endangering the welfare of children.”
Zhi Liao v. Attorney Gen. United States, 910 F.3d 714 (3d Cir. 2018). · cites it 4× “Because the elements of his crime of conviction, endangering the welfare of a child under 18 Pa. Cons. Stat. § 4304 (a)(1), do not match the elements of the crime of "child abuse" under the INA, the order of removal was improperly entered.”
Commonwealth v. Wallace, 817 A.2d 485 (Pa. Super. Ct. 2002). · cites it 4× “18 Pa.C.S. § 4304. Additionally, the term knowingly is defined as follows: (2) A person acts knowingly with respect to a material element of an offense when: (i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of…”
Commonwealth v. Leatherby, 116 A.3d 73 (Pa. Super. Ct. 2015). · cites it 2× “2 18 Pa.C.S. § 4304(a). 3 18 Pa.C.S. § 6301(a)(1).”
Commonwealth v. Bryant, 57 A.3d 191 (Pa. Super. Ct. 2012). · cites it 3× “18 Pa.C.S. § 4304. 3. 18 Pa.C.S. § 3126. 4.”
Commonwealth v. Hoffman, 198 A.3d 1112 (Pa. Super. Ct. 2018). · cites it 2× “, age (14) months old, did knowingly endanger the welfare of said child by violating a duty of care, protection or support by failing to provide adequate care to said young child resulting in her death, all of which constitutes Endangering Welfare of Children-As Guardian, in…”
Graham Spanier v. Dir. Dauphin Cnty. Probat, 981 F.3d 213 (3d Cir. 2020). · cites it 7× “The grand jury explained that the statute was “too narrow to support a successful prosecution of the decision-makers who were running the Archdiocese.”
Commonwealth v. Dillon, 925 A.2d 131 (Pa. 2007). · cites it 2× “[11] 18 Pa.C.S. § 4304. [12] Appellate Rule 311(d) provides: Commonwealth appeals in criminal cases.”
Commonwealth v. Lynn, 83 A.3d 434 (Pa. Super. Ct. 2013). · cites it 8× “Lynn, appeals from the judgment of sentence of 3-6 years’ incarceration, imposed following his conviction under the pre-amended version of the endangering the welfare of children (EWOC) statute, 18 Pa.C.S. § 4304 (amended 2007). 1 Appellant presents ten questions for our review,…”
Show all 396 citing cases →
18 Pa. Cons. Stat. § 4304(1): 1 case
Com. v. Rhinehart, M., No. 1095 MDA 2014 (Pa. Super. Ct. Jan. 28, 2015).
18 Pa. Cons. Stat. § 4304(A): 1 case
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003).
18 Pa. Cons. Stat. § 4304(a): 48 cases
Commonwealth v. Leatherby, 116 A.3d 73 (Pa. Super. Ct. 2015). “2 18 Pa.C.S. § 4304(a). 3 18 Pa.C.S. § 6301(a)(1).”
Com. v. Krock, S., 282 A.3d 1132, 2022 PA Super 153 (Pa. Super. Ct. 2022). “4 18 Pa.C.S. § 4304(a). 5 Krock was charged with one count of EWOC for each of the three minors in his vehicle at the time of the accident.”
Commonwealth v. Lynn, W., 114 A.3d 796 (Pa. 2015). “The report concluded that the statute that criminalized endangering the welfare of a child (EWOC), 18 Pa.C.S. § 4304 (1995), as it existed, at that time, was written in a manner that allowed church officials such as Appellee to escape criminal liability.”
Commonwealth v. Lynn, 83 A.3d 434 (Pa. Super. Ct. 2013). “Lynn, appeals from the judgment of sentence of 3-6 years’ incarceration, imposed following his conviction under the pre-amended version of the endangering the welfare of children (EWOC) statute, 18 Pa.C.S. § 4304 (amended 2007). 1 Appellant presents ten questions for our review,…”
Com. v. Dinell, Z., 270 A.3d 530, 2022 PA Super 17 (Pa. Super. Ct. 2022).
18 Pa. Cons. Stat. § 4304(a)(1): 191 cases
Com. v. Krock, S., 282 A.3d 1132, 2022 PA Super 153 (Pa. Super. Ct. 2022). “4 18 Pa.C.S. § 4304(a). 5 Krock was charged with one count of EWOC for each of the three minors in his vehicle at the time of the accident.”
Commonwealth v. Hoffman, 198 A.3d 1112 (Pa. Super. Ct. 2018). “, age (14) months old, did knowingly endanger the welfare of said child by violating a duty of care, protection or support by failing to provide adequate care to said young child resulting in her death, all of which constitutes Endangering Welfare of Children-As Guardian, in…”
Commonwealth v. Lynn, W., 114 A.3d 796 (Pa. 2015). “The report concluded that the statute that criminalized endangering the welfare of a child (EWOC), 18 Pa.C.S. § 4304 (1995), as it existed, at that time, was written in a manner that allowed church officials such as Appellee to escape criminal liability.”
Com. v. Vela-Garrett, A., 251 A.3d 811, 2021 PA Super 78 (Pa. Super. Ct. 2021).
Commonwealth v. Haney, P., 131 A.3d 24 (Pa. 2015).
18 Pa. Cons. Stat. § 4304(a)(3): 7 cases
Commonwealth v. Bryant, 57 A.3d 191 (Pa. Super. Ct. 2012). “18 Pa.C.S. § 4304. 3. 18 Pa.C.S. § 3126. 4.”
Com. v. Alicea, R., No. 1378 EDA 2018 (Pa. Super. Ct. Apr. 21, 2020).
Com. v. Sumter, C., No. 3269 EDA 2018 (Pa. Super. Ct. Apr. 30, 2021).
Com. v. Engler-Harper, N., No. 106 MDA 2022 (Pa. Super. Ct. Aug. 16, 2022).
Com. v. Wilson, B., No. 732 MDA 2022 (Pa. Super. Ct. Mar. 7, 2023).
18 Pa. Cons. Stat. § 4304(a)(I): 2 cases
Com. v. Kiessling, C., 2025 PA Super 162.
Com. v. Beam, K., No. 1455 MDA 2014 (Pa. Super. Ct. July 28, 2015).
18 Pa. Cons. Stat. § 4304(a)(J): 1 case
Com. v. S., K., No. 1726 WDA 2018 (Pa. Super. Ct. Sept. 13, 2019).
18 Pa. Cons. Stat. § 4304(a)(l): 12 cases
Commonwealth v. Vaux, 8 Pa. D. & C.5th 87 (2009).
Commonwealth v. Lyons, 13 Pa. D. & C.5th 33 (2010).
Com. v. Bailey, S., No. 747 EDA 2015 (Pa. Super. Ct. Mar. 8, 2016).
Com. v. Waliyyuddin, M., No. 3650 EDA 2015 (Pa. Super. Ct. Nov. 7, 2016).
Com. v. Drain, K., No. 1836 WDA 2014 (Pa. Super. Ct. Nov. 17, 2016).
18 Pa. Cons. Stat. § 4304(aXI): 1 case
Com. v. Bledsoe, J., No. 1552 EDA 2019 (Pa. Super. Ct. July 16, 2020).
18 Pa. Cons. Stat. § 4304(b): 14 cases
Commonwealth v. Lynn, W., 114 A.3d 796 (Pa. 2015). “The report concluded that the statute that criminalized endangering the welfare of a child (EWOC), 18 Pa.C.S. § 4304 (1995), as it existed, at that time, was written in a manner that allowed church officials such as Appellee to escape criminal liability.”
Commonwealth v. Ahmad, 961 A.2d 884 (Pa. Super. Ct. 2008).
Commonwealth v. Kelly, 102 A.3d 1025 (Pa. Super. Ct. 2014).
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). “The comments to 18 Pa.C.S. § 4304 note that the section "consolidates and simplifies the various provisions concerning crimes endangering the welfare of children.”
Graham Spanier v. Dir. Dauphin Cnty. Probat, 981 F.3d 213 (3d Cir. 2020). “The grand jury explained that the statute was “too narrow to support a successful prosecution of the decision-makers who were running the Archdiocese.”
18 Pa. Cons. Stat. § 4304(b)(1): 1 case
Com. v. Mixell, M., No. 1868 MDA 2024 (Pa. Super. Ct. Nov. 12, 2025).
18 Pa. Cons. Stat. § 4304(b)(1)(i): 5 cases
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). “The comments to 18 Pa.C.S. § 4304 note that the section "consolidates and simplifies the various provisions concerning crimes endangering the welfare of children.”
Com. v. Spanier, G., No. 1093 MDA 2017 (Pa. Super. Ct. June 26, 2018).
Com. v. Pulliam, J., No. 377 EDA 2020 (Pa. Super. Ct. Jan. 25, 2021).
Com. v. Frederick, D., No. 1808 WDA 2019 (Pa. Super. Ct. Feb. 2, 2022).
Com. v. Mixell, M., No. 1868 MDA 2024 (Pa. Super. Ct. Nov. 12, 2025).
18 Pa. Cons. Stat. § 4304(b)(1)(ii): 9 cases
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). “The comments to 18 Pa.C.S. § 4304 note that the section "consolidates and simplifies the various provisions concerning crimes endangering the welfare of children.”
Com. v. Frederick, D., No. 1808 WDA 2019 (Pa. Super. Ct. Feb. 2, 2022).
Com. v. Boden, D., No. 840 WDA 2016 (Pa. Super. Ct. Jan. 9, 2018).
Com. v. Spanier, G., No. 1093 MDA 2017 (Pa. Super. Ct. June 26, 2018).
Com. v. Floyd, A., No. 3507 EDA 2016 (Pa. Super. Ct. Mar. 7, 2019).
18 Pa. Cons. Stat. § 4304(b)(1)(iii): 4 cases
Com. v. Gudino, A., No. 787 EDA 2020 (Pa. Super. Ct. Feb. 19, 2021).
Com. v. Gotell, S., No. 1129 WDA 2019 (Pa. Super. Ct. Feb. 24, 2021).
Com. v. Baker, J., No. 1982 EDA 2023 (Pa. Super. Ct. May 9, 2024).
Derr v. Houser, No. 4:22-cv-01917 (M.D. Pa. May 11, 2023).
18 Pa. Cons. Stat. § 4304(b)(1)(iv): 2 cases
Com. v. Velez-Diaz, L., No. 643 MDA 2022 (Pa. Super. Ct. June 5, 2023).
Com. v. Logan, C., No. 2884 EDA 2019 (Pa. Super. Ct. Apr. 28, 2021).
18 Pa. Cons. Stat. § 4304(b)(2): 2 cases
Com. v. Kohr, D., No. 1252 MDA 2018 (Pa. Super. Ct. June 14, 2019).
Com. v. Dickson, S., 226 A.3d 606 (Pa. Super. Ct. 2020).
18 Pa. Cons. Stat. § 4304(b)(ii): 2 cases
Com. v. Barkman, N., 295 A.3d 721, 2023 PA Super 87 (Pa. Super. Ct. 2023).
Com. v. Jules, C., No. 656 MDA 2023 (Pa. Super. Ct. Dec. 18, 2023).
18 Pa. Cons. Stat. § 4304(c): 1 case
Com. v. Muller, J., No. 558 EDA 2018 (Pa. Super. Ct. May 24, 2019).
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