Penal Code § 273a(a) PC defines the crime of child endangerment as intentionally placing a child under 18 in a situation that threatens their health and safety. This includes exposing the child to unjustifiable pain, suffering, or danger. It is not necessary that the child experiences physical harm, just that there is an unreasonable risk of it.
Examples of what could lead to criminal charges include:
- Leaving a dangerous weapon, such as a knife or a loaded firearm, where a child can easily reach it;
- Leaving a child with a babysitter who has a history of abusive behavior,
- Driving under the influence with a child in the car, or
- Failing to get medical treatment for a very sick child.1
Child endangerment is a separate crime from child abuse (PC 273d)2 – which is physically hurting a child – and child neglect (PC 270) – which is failing to provide necessities.3
Penalties under 273a PC
Child endangerment | California penalties* |
There was no possibility of death or great bodily injury | Misdemeanor: Up to 1 year in jail and/or $1,0004 |
There was a possibility of death or great bodily injury | Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 4, or 6 years in prison and/or up to $10,0005 |
*Courts can grant probation in lieu of jail.6 |
Legal defenses to child endangerment charges
- The police committed misconduct, such as conducting an illegal search and seizure;
- The “endangerment” was not intentional;
- You were legally disciplining your child;
- You were the victim of a false accusation;
- Someone other than you was responsible for the child; or
- You were not the person who endangered the child.
To help you better understand the law, our California criminal defense lawyers discuss the following, below:
- 1. How does California law define child endangerment?
- 2. What are the penalties for a 273a PC violation?
- 3. How do I fight the charges in court?
- 4. Are there other charges filed in connection with child endangerment?
- 4.1.Penal Code 273d PC – child abuse
- 4.2. Penal Code 270 PC – failure to provide care (child neglect)
- 4.3. Penal Code 288 PC lewd acts with a minor
- 4.4. Driving under the influence
- 4.5. Charges involving the death of a child
- 4.6. Furnishing dangerous fireworks to a minor
- 4.7 Penal Code 193.8a – Relinquishing a vehicle to a minor
- Additional resources
1. How does California law define child endangerment?
To convict you under Penal Code 273a, a prosecutor must prove certain “elements of the crime.” Each element must be proved “beyond a reasonable doubt.”
1.1 The “elements of the crime” of child endangerment
The elements the prosecutor must prove are that:
- You did ONE of the following:
- Willfully inflicted unjustifiable physical pain or mental suffering on a child,
- Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering,
- While having care or custody of a child, willfully caused or permitted the child’s person or health to be injured, or
- While having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health was endangered;
AND
- You were criminally negligent when you caused or permitted the child to suffer and/or be injured or endangered;
AND
- If you were the minor’s parent, you were not reasonably disciplining the child. 7
Additional element in order to prove felony endangerment
There is one additional element the prosecutor must prove if you are charged with Penal Code 273a as a “wobbler.”
In such a case the prosecutor must prove that you acted under circumstances that were likely to produce
- “Great bodily injury” or
- Death.8
It is not necessary that your actions ultimately caused such harm or death. It is only necessary that it was a likely outcome.9
We discuss the meaning of “great bodily injury” at length below.
But first, let us take a closer look at some other legal terms to better understand their meanings.
1.2. The legal definition of “willfully”
Under California law, an act is done “willfully” if done on purpose.10
This does not necessarily mean that you intended to break the law or cause any harm. It simply means that you purposely did an act that could have resulted in harm.
Example: When Eva leaves her baby with her boyfriend Hiram, accidents seem to happen. Still, Eva has to work, so she leaves her son in Hiram’s care.
One day while Eva is gone, Hiram shakes the boy so hard the child dies. Hiram is convicted of assault causing the death of a child.11 Also, Eva is convicted of child endangerment since she willfully allowed her violent boyfriend to take care of him.12
1.3. Unjustifiable physical pain or mental suffering
“Unjustifiable physical pain or mental suffering” means pain or suffering that either:
- Is not reasonably necessary, or
- Is excessive under the circumstances.13
1.4. The legal meaning of “criminal negligence”
Criminal negligence involves more than
- Ordinary carelessness,
- Inattention, or
- Mistake in judgment.
You act with criminal negligence when:
- You act in a reckless way that is a gross departure from the way an ordinarily careful person would act in the same situation;
- Your acts amount to disregard for human life or indifference to the consequences of your acts; AND
- A reasonable person would have known that acting in that way would naturally and probably result in harm to others.”14
In other words, behavior amounts to “criminal negligence” when it is so aggravated, gross, or reckless that it goes against common sense.15
The test is whether a “reasonable” person in a similar situation would have engaged in the same behavior.16
Example: Toddler Joey runs toward a busy street, ignoring his mom’s cries for him to stop. She catches him in time but – in doing so – knocks him to the ground and causes him to bump his head. The mom did not commit child endangerment since her actions were reasonably necessary to prevent worse injuries.
1.5. Examples of criminal negligence
The following examples are based on actual California court cases. In the first two, the court ruled that there was criminally negligence. In the second two cases, no criminal negligence was found.
Where criminal negligence was found
Example: Edward, a man in his thirties, convinces his 14-year-old neighbor, Jason, to play “Russian Roulette.” Jason pulls the trigger and the gun goes off, killing him. Even though Jason shot himself, Edward was criminally negligent for giving a child a loaded gun and convincing him to pull the trigger.17
Example: Brian runs a methamphetamine lab in his home, where his six-year-old lives. He keeps dangerous and highly flammable chemicals throughout the house. Brian is criminally negligent for allowing a six-year-old to be in the presence of such chemicals.18
Where no criminal negligence was found
If an act was the result of ordinary
- Carelessness,
- Inattention, or
- A mistake in judgment,
it is not criminal negligence — regardless of the consequences.19
Here is an example from an actual court case:
Example: Isabel leaves her four small children home alone while she goes to a bar. Hours later, a fire erupts, and one of the kids dies. Isabel was not criminally negligent because a reasonable person would not necessarily have foreseen the harm that arose from her actions. Thus, she is not guilty of child endangerment.20
1.6. The legal definition of “great bodily injury”
“Great bodily injury” is defined under California law simply as any significant or substantial physical injury. Great bodily injury does not include injuries that are
- Minor,
- Trivial, or
- Even moderate.21
The jury determines the existence of “great bodily harm” on a case-by-case basis.22 Because of this, overzealous prosecutors tend to allege it every chance they can.
It is important to remember that the issue is NOT whether the child actually suffered an injury. The relevant factor is whether the child was placed in a situation where they were likely to suffer injury.23
That said, if the child does suffer great bodily harm, the prosecutor is more likely to file felony charges.
2. What are the penalties for a 273a PC violation?
The penalties, punishment, and sentencing can vary greatly. Though they mostly depend on whether your actions created a risk of “great bodily harm” or death to the child.24
2.1. Misdemeanor penalties
If your behavior did not create a risk of great bodily injury or death, the crime is a misdemeanor offense.25
As a misdemeanor, PC 273a child endangerment can be punished by:
- Up to 6 months in county jail, and/or
- A fine of up to $1,000.26
2.2. Misdemeanor probation
The judge also has the option to sentence you to misdemeanor probation if you are convicted of violating PC 273a. This is also known as “informal” probation or “summary” probation.
Under California law, the minimum period of probation the judge can order for a child endangerment conviction is 4 years.27 Such probation may also entail:
- A protective (restraining) order protecting the alleged victim from further acts of violence. This order may include a “stay away” provision that prohibits you from contact with the child. The stay away order may apply to the child’s residence even if it is also your home.
- Successful completion of a court-approved child abuser’s treatment counseling program lasting at least 1 year.
- Additional conditions if you were under the influence of a controlled substance and/or alcohol at the time of the offense. These can include:
- An order to abstain from drug and alcohol use for the duration of probation, and
- Possibly, random drug testing.28
Can the condition of probation be waived, terminated, or expunged?
The court may waive any of the above conditions if it finds that such a condition would not be in the “best interests of justice.”29
The court may also grant early termination of probation if you comply with all the terms and conditions of probation for the first year or two.30
And finally, if you receive probation, you may expunge your California criminal record. You may do so once you successfully complete the probationary period.
But a judge can deny a petition for an expungement if:
- You committed a probation violation, or
- You failed to adhere to all the terms and conditions of probation.31
2.3. Felony penalties
Child endangerment becomes a “wobbler” offense if there was a risk of great bodily harm or death to the child. A prosecutor can choose to charge a “wobbler” as either a misdemeanor or a felony, depending on:
- The exact circumstances of the allegations, and
- Your criminal history (if any).
Consequences of a felony conviction can include:
- 2, 4, or 6 years in California state prison,32 and/or
- A fine of up to $10,000.33
Or the judge can sentence you to a minimum of four years of formal (felony) probation. The conditions of such probation are the same as set forth in Section 2.2., above.34
If you are sentenced to felony probation, you may also expunge the conviction as set forth above.
2.4. Great bodily injury enhancement
In addition to the above felony penalties, you may receive a “sentencing enhancement.” An enhancement may apply if the child is actually seriously harmed as a result of your criminal negligence.
The applicable enhancement will result in an additional and consecutive term in the California state prison as follows:
- If you actually and personally inflicted great bodily injury on the victim: an additional and consecutive 3 to 6 years, depending on the victim’s age and the nature of the injuries;35 or
- If the child died as a result of your criminal negligence: an additional and consecutive 4 years in prison.36
2.5. Manslaughter or murder penalties
In extreme cases, a prosecutor might choose to file more serious charges when a child dies as a result of endangerment. Such charges can include:
- Penal Code 192 (b) PC involuntary manslaughter,
- Penal Code 192 (a) PC voluntary manslaughter, or
- Penal Code 18 PC second-degree murder.
2.6. Child endangerment and California’s “three strikes” law
A felony child endangerment conviction can count as a “strike” under California’s “Three Strikes” law. It will count as a strike if the child actually suffered great bodily injury.37
If you have a strike on your criminal record and you are subsequently charged with any felony, you will be considered a “second striker.” As such, the sentence for the later offense will be twice what it would otherwise be.38
If you become a “third striker,” you will serve a mandatory minimum sentence of 25 years to life in California state prison.39
2.7. How the criminal case affects child custody
Child Protective Services (CPS) may intervene and conduct an investigation if you are facing child endangerment charges. Depending on what they find, a family court judge may then restrict, reduce or possibly revoke your child custody rights.
This is another reason why it is vital for you to have a skilled criminal defense attorney to try to get the charges dismissed. What happens in criminal court can have a profound effect on what happens in family court.
2.8. Immigration consequences
Child endangerment can be a crime involving moral turpitude and/or an aggravated felony. Therefore, visa- or green card-holding non-citizens convicted of it could be deported from the United States.
Non-citizens charged with child endangerment should retain legal counsel as soon as possible in attempt to get the charge dismissed or changed to a non-deportable offense. Otherwise, non-citizens risk being thrown out of the U.S. after they serve their sentence.
3. How do I fight the charges in court?
Here at Shouse Law Group, we have represented literally thousands of people accused of child endangerment, and we have a long track record of persuading judges, juries, and prosecutors that our clients did not violate PC 273a.
Many common legal defenses involve police misconduct, such as failure to comply with search and seizure laws or coercing a confession. In addition, the following six defenses uniquely apply to child endangerment, abuse and neglect cases:
3.1) The act was not willful or did not amount to criminal negligence
There are many ways we can establish enough reasonable doubt that you acted willfully or with criminal negligence. For instance, perhaps the child’s injury was the result of an accident or only ordinary negligence. If so you did not violate PC 273a.
Example: Kate puts her knife down on the cutting room and walks out of the room briefly to get the phone. While she is gone, her daughter picks up the knife, cutting several of her fingers. Kate was not criminally negligent, which requires more than mere inattentiveness. A reasonable person might assume a three-year-old would not pick a knife up from the counter in the short time it took to answer the phone.
In many cases, we can get a medical expert to testify that the injuries appear to be the result of an accident rather than wilful infliction.
3.2) You were reasonably disciplining your child
You have the right to discipline your children in California through “reasonable” corporal punishment.40 “Corporal punishment” means physical punishment or punishment inflicted on the body. Examples include:
- Spanking,
- Disciplining a child with a belt or paddle,
- Sending a child to bed without any supper,
- Confining a child to their room.
Often we can convince the prosecutor, judge, and/or jury that you were just reasonably disciplining a child.
Example: Betty’s five-year-old son throws a temper tantrum in the dressing room when she takes him shopping for school clothes. Betty grabs a belt she brought into the dressing room and smacks him across the back of his bare thighs with it. Betty is likely not guilty of child endangerment because under the circumstances she was reasonably disciplining her child.
3.3) False accusations
In our experience, many child endangerment cases start with a false accusation:
- Sometimes a child will make a false allegation as the result of manipulation (“being coached”) by the other parent, especially during child custody cases.
- Perhaps the child is angry and wants to “get back” at you. This often occurs during a divorce or when you have a new partner.
- Or a child’s caretaker might make a false accusation in order to cover up their own abuse.
When you are falsely accused, we review all the evidence that may prove your innocence. This includes interviewing everyone who may have witnessed the incident. We will also interview other people in your life for evidence that you are a good
- Parent or
- Caretaker.
Depending on the allegations, we will also pull criminal records, school/employment records, etc. of other potentially responsible people. We will also comb through the social media accounts of the child and others who may be involved.
In short, our skilled investigators and lawyers turn over every stone to find “exculpatory” evidence.
3.4) “Mistake of fact”
California’s mandatory reporting law requires certain professionals (such as doctors, teachers, and clergy) to report suspected child endangerment to the authorities.41 If they do not, they can be charged with a misdemeanor and go to jail.42
Thus they are under strong pressure to report even the slightest suspicion of child endangerment. Consequently, we have seen case after case where these professionals make a mistake of fact by misinterpreting an innocent situation and reporting our blameless clients to the police.
Example: Phil takes his son Jake to the doctor after he falls from his bike. The doctor suspects that Jake’s injuries may have been caused by someone hitting him, so he calls social services. Eventually Phil’s lawyer finds a witness who can verify that Jake fell off his bike. Though in the meantime, Phil is arrested and charged with child abuse and endangerment.
Similar to cases where are clients are falsely accused, we gather all the evidence possible to show the D.A. that nothing unlawful happened. Once they see your side of the story, the child endangerment charge may get dismissed.
3.5) Someone else endangered the child
Overzealous police and prosecutors want to hold someone accountable when a child may be in danger. They often jump to conclusions about who is responsible.
To see how this can happen, let us go back to our last example.
Example: Jake tells his father, Phil, that he cut and bruised his face when he fell off his bike. Phil takes him to the doctor, who suspects that Jake’s injuries were caused by a fist. He calls the authorities, and Phil is arrested. Phil’s lawyer discovers that Jake is being bullied and hit by a group of boys at school. Phil’s lawyer shows this evidence to the prosecutor, and the charges against Phil are dropped.
In these cases, we rely on eyewitness testimony and surveillance video to show that you were not the person who caused the injuries.
3.6) You had no responsibility over the child
Child endangerment charges attach only to people who are responsible for a child’s welfare, such as parents, guardians, babysitters, etc. Even if a child was endangered, you should not be held responsible if you had no legal obligation to look after the child.
Example: Jessica is a nanny for baby Tim. On Jessica’s day off, Tim falls and sustains a serious injury. Tim’s parents blame Jessica, who gets arrested. Though once Jessica’s attorney shows the D.A. that the accident happened on Tim’s parents’ watch, Jessica should not be criminally liable.
In these cases, the most important factors are your relationship to the child and the timing of the accident. If we can show that you had no legal obligations to look after the child at the time they were endangered, then the prosecutors should drop the case.
4. Are there other charges filed in connection with child endangerment?
Many other “domestic violence” crimes have similar elements to Penal Code 273a. These related offenses are sometimes charged instead of, or in addition to, child endangerment:
4.1.Penal Code 273d PC – child abuse
Penal Code 273d PC, California’s child abuse law, makes it a wobbler crime to direct physical abuse at a minor.43 As a misdemeanor, PC 273d can be punished by:
- Up to 1 year in county jail, and/or
- Up to $6,000.44
Penalties for felony child abuse can include:
- 2, 4, or 6 years in state prison, and/or
- Up to $6,000.45
4.2. Penal Code 270 PC – failure to provide care (child neglect)
A less serious offense is California Penal Code 270 PC failure to provide care (child neglect), where you fail to provide physical necessities to your child.46 Though you are not guilty of this crime if – through no fault of your own – you cannot afford such necessities.47
Penal Code 270 is charged as a misdemeanor in most cases, carrying:
- Up to 1 year in jail, and/or
- Up to $2,000.48
With subsequent convictions, PC 270 may be charged as a wobbler.49
4.3. Penal Code 288 PC – lewd acts with a minor
California Penal Code 288 PC, lewd acts with a minor, punishes improper touching of a minor child. It is charged when someone touches a child for sexual purposes and the child:
- Is under the age of 14,50 or
- Is 14 or 15 years old (if you are 10 or more years older than the child).51
Penalties for lewd acts with a minor depend on various factors.52 Sentences often include many years in state prison as well as a fine of up to $10,000.53
4.4. Driving under the influence
Child endangerment is often charged along with DUI if you drive under the influence of drugs or alcohol with a child in the car. Alternatively, the prosecutor might charge you with only DUI plus a sentencing enhancement for driving with a child under 14 (VC 23572).54
California law also requires drivers with young children to use child restraint systems (Vehicle Code 27360 VC).
4.5. Charges involving the death of a child
In the unfortunate case in which a child died, a prosecutor might charge one or more of the following in addition to, or instead of, child endangerment:
- Penal Code 273ab – child abuse resulting in death to a child under 8: Depending on the injury, PC 273ab can be punished by 25 years to life in the state prison.55
- Penal Code 187 PC – murder: Murder can result in 15 years to life in state prison.56
- Penal Code 192(b) involuntary manslaughter: This carries up to 4 years in jail.57
4.6. Furnishing dangerous fireworks to a minor
California Health & Safety Code 12702 PC makes it a crime to sell, give or deliver “dangerous fireworks”66 (such as rockets and large sparklers) to a minor under 18.
The penalties for this misdemeanor offense can include:
- Up to 1 year in county jail, and/or
- $500 to $1,000.58
4.7 Penal Code 193.8a – Relinquishing a vehicle to a minor
Penal Code 193.8a makes it a crime to furnish or relinquish a motor vehicle to a minor who is not safe or legal to drive.
PC 193.8 can be charged as a misdemeanor or an infraction. As a misdemeanor, it carries a penalty of up to 6 months in county jail.
Additional resources
For more information, refer to the following:
- Office of Child Abuse Prevention (OPAC) – A department within the California Department of Social Services that works to prevent and address child abuse and neglect in California.
- Local Child Protective Services – Department of Social Services – The agency in California responsible for investigating reports of child abuse and neglect.
- Prevent Child Abuse America – A national organization that works to promote public policies, public awareness, and community education to prevent child abuse and neglect.
- Childhelp National Child Abuse Hotline – 800-4-a-child – A 24-hour confidential hotline that provides crisis intervention, information, literature, and referrals to thousands of emergency, social service, and support resources for children and adults affected by child abuse.
- Child Abuse and Neglect – Informational article by the Centers for Disease Control and Prevention (CDC.gov).
Legal references:
- California Penal Code 273a: “(a) 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, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years. (b) 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…”
- See California Penal Code 273d(a): “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 a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 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.” See also Johnson v. Barr (9th Cir., 2023) 73 F.4th 644; In re O’Connor (Cal. App. 6th Dist. 2022) 87 Cal. App. 5th 90.
- Penal Code section 270 PC. See also Walker v. Superior Court (1988) 47 Cal. 3d 112.
- Penal Code 273a(b), endnote 1.
- Penal Code 273a(a), endnote 1.
- Penal Code 1203 PC.
- Penal Code 273a(b) PC. See also California Criminal Jury Instructions (CALCRIM) 823. Child Abuse. See also Bom v. Superior Court (Cal. App. 2d Dist., 2020), 257 Cal. Rptr. 3d 276; Diaz-Rodriguez v. Garland (9th Cir., 2021) 12 F.4th 1126.
- Penal Code 273a(a); CALCRIM 823.
- Penal Code 273a(b). See also People v. Jaramillo (1979) 98 Cal.App.3d 830 (“For the felony punishment there is no requirement that the actual result be great bodily injury. The statute is intended to protect a child from an abusive situation in which the probability of serious injury is great.”)
- Penal Code 7 PC, subsection 1.
- Penal Code 273ab(a): “Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life. Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 [second-degree murder] or Section 189 [first-degree murder].”
- Facts based on People v. Valdez (2002) 27 Cal.4th 778.
- See CALCRIM 821, Child Endangerment Likely to Produce Great Bodily Harm or Death: “[Unjustifiable physical pain or mental suffering is pain or suffering that is not reasonably necessary or is excessive under the circumstances.]”
- “CALCRIM 821: Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with criminal negligence when: 1. He or she acts in a reckless way that is a gross departure from the way an ordinarily careful person would act in the same situation; 2. The person’s acts amount to disregard for human life or indifference to the consequences of his or her acts; AND 3. A reasonable person would have known that acting in that way would naturally and probably result in harm to others.”
- People v. Valdez, endnote **. (“The negligence must be aggravated, culpable, gross, or reckless, that is, the conduct of the accused must be such a departure from what would be the conduct of an ordinarily prudent or careful [person] under the same circumstances as to be incompatible with a proper regard for human life … or an indifference to consequences.”). See also People v. Penny (1955) 44 Cal. 2d 861.
- Same.
- Based on People v. Hansen (1997) 59 Cal.App.4th 473.
- Based on People v. Toney (1999) 76 Cal.App.4th 618.
- People v. Odom (1991) 226 Cal.App.3d 1028. (“The facts must be such that the consequences of the negligent conduct could reasonable have been foreseen and it must appear that the [death] [danger to human life] was not the result of inattention, mistaken judgment or misadventure but the natural and probable result of aggravated, reckless or flagrantly negligent conduct.”) See also People v. Peabody (1975) 48 Cal.App.3d 43 (“The conduct must be aggravated or reckless; that is, it must be such a departure from what would be the conduct of an ordinarily prudent person under the same circumstances as to be incompatible with a proper regard for human life. The conduct must show an indifference to the consequences, and this has been said to require knowledge, actual or imputed, that the act tends to endanger another’s life. See also People v. Rodriguez (1961) 186 Cal.App.2d 433 (“Mere inattention or mistake in judgment … is not criminal unless the quality of the act makes it so. The fundamental requirement fixing criminal responsibility is knowledge, actual or imputed, that the act of the accused tended to endanger life.”)
- Based on People v. Rodriguez.
- Penal Code 12022.7(f). See also California Jury Instructions – Criminal (“CALJIC”) 17.20 – Infliction of great bodily injury.
- People v. Escobar (1992) 3 Cal.4th 740, 750. (“Whether the harm resulting to the victim … constitutes great bodily injury is a question of fact for the jury.”)
- People v. Jaramillo (1979) 98 Cal.App.3d 830. (“For the felony punishment there is no requirement that the actual result be great bodily injury. The statute is intended to protect a child from an abusive situation in which the probability of serious injury is great.”)
- Penal Code 273a PC.
- Penal Code 273a(b) PC.
- Same. See also Penal Code 19 PC: (“Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.”)
- Penal Code 273a(c)
- Same.
- Penal Code 273a(c)(5), endnote 7.
- Penal Code 1203.3 PC.
- Penal Code 1203.4 PC.
- Penal Code 273a(a) PC.
- Penal Code 672 PC – Offenses for which no fine prescribed; fine authorized in addition to imprisonment.
- Penal Code 273a(c).
- Penal Code 12022.7 PC – Enhancement for great bodily injury.
- Penal Code 12022.95 PC — Willful harm to a child resulting in death: “Any person convicted of a violation of Section 273a, 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 injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact.”
- Penal Code 667.5(c) PC.
- Penal Code 667(e)(1) PC.
- Penal Code 667(e)(2) PC.
- People v. Whitehurst (1992) 9 Cal.App.4th 1045, 1050 (“A parent has a right to reasonably discipline by punishing a child and may administer reasonable punishment without being liable for a battery…[W]hether the corporal punishment falls within the parameters of a parent’s right to discipline involves consideration of not only the necessity for the punishment but also whether the amount of punishment was reasonable or excessive. Reasonableness and necessity therefore are not two separate defenses but rather two aspects of the single issue of parental right to discipline by physical punishment.”)
- See also 80 Ops.Cal.Atty.Gen. 203 (1997); CALJIC 4.80.
- Penal Code 11165 PC and subsequent sections.
- See California Department of Social Services, “The California Child Abuse & Neglect Reporting Law: Issues & Answers for Mandated Reporters”.
- Penal Code 273d(a): “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 a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 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.”
- Same.
- Same.
- Penal Code 270 PC.
- Same. See also People v. Caseri (1933) 18 P.2d 389.
- Penal Code 270 PC.
- Same.
- Penal Code 288 (a).
- Penal Code 288(c).
- See Penal Code 288 (a) – (c).
- VC 23572.
- Penal Code 273ab.
- Penal Code 187.
- Penal Code 192.
- Health & Safety Code 12702 HS.