Art Teacher Faces Charges for Overdosing in Front of Students

January 14, 2023 Don Pumphrey, Jr. Criminal Defense, Drone Law, News & Announcements Social Share

Getting caught with the possession of an illegal substance has harsh consequences in the state of Florida. This is especially true if illegal substances were found in an environment with children present.

A recent case in the U.S. shows the charges a New Jersey teacher is facing after overdosing on fentanyl in his middle school classroom. This article will provide details from the case, along with information on the relevant charges in Florida.

What was the Case?

New Jersey art teacher Frank Thompson, 57, was arrested after being accused of overdosing on fentanyl in front of his students. According to the report, the incident took place on November 29^th, 2022 at Roosevelt Intermediate School in Westfield. Around 9 am, Thompson was found unconscious on the floor of his classroom.

Thompson’s students went to the school nurse to get help after noticing the teacher’s physical state. The school nurse tried to provide aid until the emergency vehicle arrived.

One of the responding officers recognized the signs of an overdose and gave Thompson Narcan. Narcan is used to treat known or suspected opioid overdose emergencies.

Once Thompson was showing signs of improvement, authorities searched the teacher’s classroom. Upon investigation, police found fentanyl and drug paraphernalia inside Thompson’s classroom closet.

Thompson was arrested by Westfield police in New Jersey on January 5^th, 2023. Parents of the students received a notification from the school district about the incident, and Thompson’s classroom has been sanitized and sealed off.

The art teacher has been charged with possession of a controlled dangerous substance, possession of drug paraphernalia, endangering the welfare of children, and a disorderly person’s offense.

Florida Laws on Child Endangerment

In Florida, “child endangerment” is covered under state laws for child abuse. Under Statute section 827.03, child abuse can be defined as the intentional infliction of physical or mental injury to a child, an intentional act that could reasonably be expected to result in physical or mental injury to a child, or the active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

“Mental injury” is defined under the statute as an injury to the psychological or intellectual capacity of a child as evidenced by a substantial and discernible impairment in the ability of the child to function within a normal range of performance and behavior as supported by expert testimony.

In reference to child neglect, a person can be accused of neglecting a child or children if they are a caregiver that has failed or omitted to prove the care, supervision, and services that are necessary to maintain the child’s physical and mental well-being.

Penalties for Child Abuse in Florida

The penalties for a child abuse charge vary depending on the nature of the offense.

A person who is accused of neglecting a child by culpable negligence without causing great bodily harm, permanent disability, or permanent disfigurement to the child can result in a third-degree felony. A third-degree felony in Florida has penalties of up to a $5,000 fine and up to five years in prison.

A person who is accused of neglecting a child by culpable negligence that results in causing great bodily harm, permanent disability, or permanent disfigurement to the child can result in a second-degree felony. A second-degree felony has penalties of up to a $10,000 fine and up to 15 years in prison.

A person who is accused of aggravated child abuse must have either (1) committed aggravated battery on a child, (2) willfully tortured, maliciously punished, or caged a child, or (3) knowingly or willfully abused a child and in so doing caused great bodily harm, permanent disability, or permanent disfigurement to the child.

Aggravated child abuse can result in a first-degree felony. A first-degree felony has penalties of up to a $10,000 fine and up to 30 years in prison.

Possession of Fentanyl in Florida

Fentanyl is a highly dangerous drug, and if found in a person’s possession, could lead to serious criminal charges. Fentanyl is codified under Florida Statute section 893.03 as a Schedule II drug.

A Schedule II substance means that there is an accepted but severely restricted medical use in the treatment of the substance. However, it also means there is a high potential for possible abuse.

Under Florida law, the possession of a Schedule II substance such as fentanyl can result in a third-degree felony. A third-degree felony is punishable with up to a $5,000 fine and up to five years of imprisonment.

More serious charges could occur if the accused person was found to have possession with the intent to sell. A person accused of manufacturing, selling, or delivering fentanyl and related substances can be charged with a second-degree felony. A second-degree felony has a penalty of up to a $10,000 fine and up to 15 years of imprisonment.

Disorderly Conduct

When an individual is accused of disorderly conduct, it falls under the state charge of “breach of peace.” Florida Statute section 877.03 explains that a person who commits an act to corrupt public morals, or outrage the sense of public decency, can be charged with disorderly conduct. This can include engaging in fights, brawls, or engaging in conduct that constitutes a breach of the peace.

A person charged with disorderly conduct in Florida can result in a second-degree misdemeanor. The penalty for a second-degree misdemeanor includes up to a $500 fine and up to 60 days in jail.

This charge is commonly used for individuals who participate in public fights or brawls. If an officer is present when an event that could be considered a “breach of the peace” occurs, the officer is permitted to conduct an arrest without a warrant of the offender(s).

Finding a Defense Attorney in Tallahassee, Florida

If you or someone you love has been accused of a crime in the state of Florida, we highly advise you to speak with a criminal drug defense lawyer in Florida . A criminal conviction can lead to harsh consequences including high fines and potential imprisonment.

Don Pumphrey and his team at Pumphrey Law Firm have years of experience representing clients in the state of Florida. Our attorneys will stand by your side and fight for your freedom. Contact us today at (850) 681-7777 or leave an online message for a free consultation.

Written by Karissa Key

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