A woman from Texas is confronting a charge of child endangerment following claims that her 1-year-old nephew was allegedly exposed to marijuana during the time he was under her supervision.
On May 16, deputies from the El Paso County Sheriff’s Office responded to a residence in eastern El Paso regarding a medical emergency concerning a 1-year-old child exhibiting signs of narcotics exposure.
A document reveals that the young child experienced breathing difficulties after using a THC vape pen reportedly belonging to Vianney Alyssa Acosta, 22.
Upon arrival, deputies found that medics from the El Paso Fire Department were already attending to the toddler, who was in distress and crying loudly. The affidavit notes that the child exhibited droopy eyes and was attempting to fall asleep.
Officials reported that Acosta, the father of the toddler, along with the toddler’s grandmother, were supervising the child while his mother was at her job. The grandmother informed investigators that the three adults were having a meal in the kitchen at approximately 2:45 p.m. when Acosta noticed the toddler coughing in her bedroom and went to see what was happening, according to the reports.
The document reveals that the young child was holding a vape pen, with the grandmother informing authorities that it was Acosta’s.
The father’s account varied somewhat, as he informed investigators that he was outside the residence working on a vehicle when the deputies arrived at the scene. He stated that he “was not aware of the incident at the time,” according to the affidavit. The grandmother later revealed that the young child had “used a vape pen.”

Acosta promptly informed deputies that she had her THC vape hidden in her room, believing the victim would be unable to access it, according to the affidavit, as reported by the outlets. Officers observed that the pen was placed on a nightstand approximately two feet high, and the affidavit notes it “was visible with only random items on top obscuring it.”
Acosta informed the deputies that her nephew “has methods to climb onto the bed to access items.”
The 22-year-old informed investigators that she did not witness the toddler with the pen, but she speculated he had inhaled from it since “he was red; coughing and observed a little bit of smoke,” according to the affidavit. She mentioned to the deputies that she believed the vape pen was depleted and not powered up.
The father of the child and deputies were taken to a nearby hospital to obtain a urine sample, which subsequently tested positive for THC, as stated in the affidavit. The Sheriff’s Office confirmed that a case has been initiated with Child Protective Services.
On May 21, the sheriff’s office reported that Acosta was taken into custody and subsequently faced charges related to child endangerment and possession of a controlled substance.
She was taken into custody at the El Paso County Jail with a bond set at $6,000, and according to reports, she was released later that day after securing bail.
In Texas, the consequences for child endangerment can include a prison sentence of up to 2 years and a hefty fine of $10,000. Similarly, possessing a controlled substance in amounts of 1 gram or less can lead to the same penalties: up to 2 years in jail and an additional $10,000 fine.