Child Endangerment and Child Abuse

Penal Code 273a(a) - Child Abuse Causing GBI or Death

The Charge

California Penal Code section 273a(a) states that “Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered” is guilty of this offense. 

The Elements of the Crime

To prove that the Defendant is guilty of this crime, the prosecution must prove that:

• The Defendant had care or custody of a child; AND
• The Defendant under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered did an act that by its nature would directly and probably result in the application of force to the child; AND
• The Defendant was criminally negligent when he or she caused or permitted the child to suffer or be injured or be endangered; AND
• When the Defendant acted, he or she was not reasonably disciplining the child.

Someone commits an act willfully when he or she does it willingly or on purpose.

Great Bodily Injury means significant or substantial physical injury.  It is an injury that is greater than minor or moderate harm.

Criminal Negligence involves more than ordinary carelessness, inattention, or mistake of judgment.

The terms Care of Custody do not imply a familial relationship but only a willingness to assume duties correspondent to the role of a caregiver.

The Punishment

Penal Code section 273a(a) states that someone found guilty of this offense shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

This offense is known as a wobbler in California, meaning it can be charged as a misdemeanor or a felony.  The above punishment is for felony offenses.  If the crime is charged as a misdemeanor then the maximum imprisonment is not more than one year in county jail.

Defenses

Common defenses in these cases can include, but are not limited to the following:

• Defendant did not have the care or custody of the child
• The Defendant was reasonably disciplining the child
• Lack of criminal negligent intent
• Alibi
• InsanitY

Penal Code 273d(a) - Inflicting Physical Punishment on a Child

The Charge

California Penal Code section 273d(a) states that “any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty” of this offense.

The Elements of the Crime

To prove that the Defendant is guilty of this crime, the prosecution must prove that:

• The Defendant willfully inflicted cruel or inhuman physical punishment and/or an injury on a child; AND
• The punishment and/or injury inflicted by the Defendant caused a traumatic physical condition to the child; AND
• When the Defendant acted, he or she was not reasonably disciplining the child.

A Traumatic Physical Condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. 

The Punishment

Penal Code section 273d(a) states that someone found guilty of this offense shall be punished by imprisonmentin the state prison for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both that imprisonment and fine.

This offense is known as a wobbler in California, meaning it can be charged as a misdemeanor or a felony.  The above punishment is for felony offenses.  If the crime is charged as a misdemeanor then the maximum imprisonment is not more than one year in county jail.

Defenses

Common defenses in these cases can include, but are not limited to the following:

• The Defendant was reasonably disciplining the child
• Lack of intent
• Alibi
• Insanity 

Penal Code 273a(b) - Child Abuse Misdemeanor

The Charge

California Penal Code section 273a(b) states that “any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes

or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that

child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.”

The Elements of the Crime

To prove that the Defendant is guilty of this crime, the prosecution must prove that:

• The Defendant had care or custody of a child;
• The Defendant under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered;
• The Defendant was criminally negligent when he or she caused or permitted the child to suffer or be injured or be endangered; AND
• When the Defendant acted, he or she was not reasonably disciplining the child.

The Punishment

Penal Code section 273a(b) states that someone found guilty of this offense shall be punished by imprisonment in a county jail for not more than one year. 

Additionally, the Penal Code section 273a states the following:  (c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation: (1) A mandatory minimum period of probation of 48 months.  (2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.   (3) (A) Successful completion of no less than one year of a child abuser's treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.  (B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant's changed circumstances, the court may reduce or waive the fees.  (4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.  (5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.

Defenses

Common defenses in these cases can include, but are not limited to the following:

• The Defendant was reasonably disciplining the child
• Lack of intent
• Alibi
• Insanity

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