“Contributing to the Delinquency of a Minor” (Penal Code 272 PC)

Updated February 10, 2020

You can be charged with contributing to the delinquency of a minor for encouraging a minor to commit a crime.

Penal Code 272 PC is the California statute that defines the crime commonly known as “contributing to the delinquency of a minor.” This section makes it a misdemeanor to act or fail to act in a way that causes a minor (under 18 years of age) to become a juvenile delinquent, a habitual truant, or a dependent of the juvenile court system.

Penal Code 272 subsection (b) PC, meanwhile, makes it a crime for adult “strangers” (people with no pre-existing relationship with the child) to contact a child under fourteen (14) years old in order to lure him/her away from his/her parents.

Examples

• A woman allows her 13-year-old niece to use a spare bedroom in her house to have sex with her 19-year-old boyfriend.
• A man supplies cigarettes and alcohol to his 16-year-old son and his friends.
• Encouraging a minor to skip school.
• A member of a California street gang recruits middle-school students in a gang-dominated neighborhood to help with drug sales.

Penalties

This section is a misdemeanor in California law. ^{1 2 3}

The potential penalties include up to one (1) year in county jail, and/or a fine of up to two thousand five hundred dollars ($2,500).⁴

Penal Code 272(b) PC luring a child away from his/her parents may be charged as either a misdemeanor or a California infraction.⁵

Charged as a misdemeanor, it carries a potential county jail sentence of up to six (6) months, and/or a fine of up to one thousand dollars ($1,000).⁶ If it is charged as an infraction, the maximum penalty is a two hundred fifty dollar ($250) fine.⁷

Legal defenses

If you find yourself facing charges of contributing to the delinquency of a minor, you and your criminal defense attorney may want to consider one or more of the following legal defenses:

• You were falsely accused;
• You did not know the minor was under 18 years old; and/or
• You are a parent who was unable to control your child.

In order to help you better understand the California crime of contributing to the delinquency of a minor, our California criminal defense attorneys will address the following:

• 1. What does it mean to contribute to the delinquency of a minor?
• 2. What does it mean to lure or transport a minor under 14?
• 3. What are the Penal Code 272 PC penalties?
  • 3.1. PC 272(a) penalties
  • 3.2. PC 272(b) penalties
  • 3.3. Sex offender registration
• 4. What are common defenses to the charges?
• 5. Are there related crimes?
  • 5.1. HS 11361 furnishing marijuana to a minor
  • 5.2. BPC 25658 furnishing alcohol to a minor
  • 5.3. PC 288.2 sending harmful material to a minor
  • 5.4. PC 653b loitering at a school
  • 5.5. HS 12702 furnishing illegal fireworks to a minor
  • 5.6. BPC 25608 – Alcoholic Beverages at a Public School

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What does it mean to contribute to the delinquency of a minor?

California Penal Code 272(a) defines “contributing to the delinquency of a minor” as:

1. Committing an act, OR failing to perform a duty;
2. In a way that causes or encourages a minor (that is, a person younger than 18) to become either a dependent of the juvenile court, a delinquent, or a habitual truant.⁸

Note that being drunk or lewd in the presence of a child can also be charged under Penal Code 273(g) PC.

This is the legal definition of contributing to the delinquency of a minor.

Let’s take a closer look at some of the terms in this legal definition.

Committing an act or failing to perform a duty

An important point about is that you can violate this law by EITHER:

1. Committing a specific act; OR
2. Failing to act when you have a duty to do so.⁹

For purposes of California’s “contributing to the delinquency of a minor” law, parents and legal guardians of minors are considered to have a duty to exercise reasonable care, supervision, protection and control over the minor.¹⁰

Example: Martha is a cocaine user with a 12-year-old son, Nicholas.

Martha is aware that Nicholas sometimes finds her cocaine stash and uses it himself, but she does nothing about it. Nicholas eventually begins taking more and more of Martha’s cocaine and selling it to other students at his school.

Martha could be charged with contributing to the delinquency of a minor—not for any specific actions, but for her failure to fulfill her duty to exercise reasonable control over Nicholas.

(She may also face Penal Code 273a PC child endangerment charges for keeping cocaine in a place where Nicholas could access it.)

If you are charged under Penal Code 272(a) PC, you are only guilty if the prosecutor can prove that you acted (or failed to act) with either:

1. “General criminal intent,” or
2. “Criminal negligence.”¹¹

“General criminal intent” means that you acted intentionally or on purpose. You do not need to have intended to break the law.¹²

“Criminal negligence” means that:

1. You acted in a reckless way that created a high risk of death or great bodily injury; and
2. A reasonable person would have known that acting in that way would create such a risk.¹³

Example: Peter is hosting his 16-year-old niece, Sarah, for a visit. Sarah is bipolar and has a history of erratic and dangerous behavior.

One night Peter accidentally leaves his car keys where Sarah can access them. She takes his car out and drives recklessly (23103 VC), causing an accident that injures several people severely.

Peter is probably not guilty of contributing to the delinquency of a minor.

He did not leave his keys out on purpose, so he did not act with general criminal intent. And a reasonable person would probably not have expected his actions to create a risk of death or great bodily injury.

A “minor”

A minor is any person under eighteen (18) years of age.¹⁴

In many cases, you will not be guilty of Penal Code 272 if you reasonably believed that the minor was over eighteen (18).¹⁵

Example: Raul meets Crystal at a club where people have to show IDs proving they are over 21 to enter. Crystal appears to be in her early twenties and claims to have been to this club many times before.

Raul buys Crystal several alcoholic drinks and a pack of cigarettes.

It turns out that Crystal is actually 16 and entered the club using a fake ID.

But Raul is probably not guilty of contributing to delinquency, because there was no reasonable way for him to know that Crystal was a minor.

There may be no way to tell that a minor using a fake ID is actually a minor.

To become a juvenile court dependent

One basis for contributing to the delinquency of a minor charges is causing a minor to become a dependent of California’s juvenile court system.¹⁶

Children can become dependents for any of the following reasons:

• They are a victim of child abuse;
• They are a victim of child neglect;
• They suffer severe emotional damage as a result of mistreatment or neglect by a parent or guardian;
• They are a victim of sexual abuse;
• They are left without a means of support;
• Their sibling is the victim of abuse or neglect; and/or
• They are subjected to an act of cruelty by a member of their household.¹⁷

Example: Serena has two daughters, Natasha and Anastasia. Serena takes good care of Natasha but subjects Anastasia to severe physical and emotional abuse, and occasionally denies her food.

Eventually California’s Child Protective Services removes both children from Serena’s home due to the abuse of Anastasia.

Serena will be charged with child abuse (273d PC) for her treatment of Anastasia. But she may also be subject to “contributing to delinquency” charges with regard to Natasha, because her behavior led to Natasha becoming a juvenile dependent of the state as well.

To become a delinquent

Causing or encouraging a minor to become a juvenile delinquent is another way to violate California’s “contributing to the delinquency of a minor” laws.

A minor who becomes a delinquent, for purposes of this section, is one who has been found by a court to have committed a crime.¹⁸

Typically, contributing to the delinquency of a minor charges will be filed after the minor has been found guilty in California’s juvenile court process.

Example: Joshua is a 21-year-old gang member who oversees drug sales on a street corner. He recruits his 15-year-old cousin Billy to help him collect drug receipts after Billy’s family suffers financial hardships.

Billy and Joshua are both eventually arrested in a police crackdown on drug transactions in their neighborhood. Billy pleads guilty to drug sales charges in juvenile court.

In addition to charges for California drug crimes, Joshua may also face charges for contributing to the delinquency of a minor.

To become a “habitual truant”

You can also be charged for causing or encouraging a minor to become a “habitual truant.”

This can mean that s/he:

1. Has violated an age-based curfew;
2. Habitually and persistently refuses to obey the reasonable orders of his/her parent or guardian; and/or
3. Has four (4) or more unexcused absences from school in a school year.¹⁹

Example: Melanie is a 23-year-old college student. She begins a lesbian relationship with Amy, a 16-year-old high school student.

Amy hates school. Melanie encourages her to “just stop going” and regularly lets Amy hang out at her house on school days so her parents will think she’s at school.

As time goes on, Melanie also starts encouraging Amy to repeatedly disobey her parents by sneaking out of the house at night—and helps her do so. The situation escalates to the point where Amy’s parents feel they have to ask the police for help in controlling Amy.

Melanie may be charged with PC 272 for encouraging Amy to become a habitual truant and habitually disobey her parents.

California Penal Code 272(b) makes it a crime to lure or transport a child under 14.

2. What does it mean to lure or transport a minor under 14?

Penal Code 272(b) PC covers the distinct offense of luring or transporting a minor under the age of 14.²⁰

This section of the law makes it a crime to:

1. Knowingly contact or communicate with a minor under the age of fourteen (14);
2. Knowing (or being a position where you reasonably should know) that s/he is a minor under 14;
3. With the intent to persuade, lure, or transport him/her away from his/her parents or a place where his/her parents know him/her to be;
4. Without the express consent of his/her parent or legal guardian; and
5. With the intent to avoid the consent of his/her parent or legal guardian.²¹

You are only guilty of the crime of persuading, luring or transporting a minor under 14 if you are an adult stranger to the minor. This means that you must:

1. Be at least twenty-one (21) years old; and
2. Have no substantial relationship with the child, be merely a casual acquaintance, or have a relationship with the child that was established or promoted for the primary purpose of victimization.²²

Example: George is a 36-year-old man. He lives in the same neighborhood as Jamie, an 11-year-old boy.

George has exchanged a few friendly words with Jamie and his parents from time to time. George has asked Jamie’s name, but Jamie’s parents don’t know George’s name.

One rainy day George drives his car to the local middle school and parks outside. When he sees Jamie come out of the school, he calls to him and asks if he would like a ride.

George may be guilty of Penal Code 272, subsection (b). He probably qualifies as a stranger, and he is communicating with Jamie with the intent to take him away from a place where his parents expect him to be.

3. What are the Penal Code 272 PC penalties?

3.1. PC 272(a) penalties

Contributing to the delinquency of a minor is a misdemeanor in California law.²³

The potential penalties include:

• Misdemeanor (summary) probation for a period of up to five (5) years;
• Up to one (1) year in county jail; and/or
• A fine of up to two thousand five hundred dollars ($2,500).²⁴ 

3.2. PC 272(b) penalties

Luring or transporting a minor under 14 can be charged as either a misdemeanor OR an infraction.²⁵

If it is charged as a misdemeanor, the potential penalties are:

• Misdemeanor (summary) probation;
• Up to six (6) months in county jail; and/or
• A fine of up to one thousand dollars ($1,000).²⁶

But if it is charged as an infraction, this section carries only a potential fine of up to two hundred fifty dollars ($250).²⁷

3.3. Sex offender registration

If you are convicted of contributing to the delinquency of a minor or luring a minor under 14—AND it is determined that your offense involved “lewd or lascivious conduct”—then you will be subject to California’s sex offender registration requirement and must register for life as a tier three-sex offender.²⁸

In other words, you are likely to face this requirement if you are convicted under Penal Code 272 for behavior that had sexual gratification or arousal as its aim.

If you are subject to California’s sex offender registration requirement because of a conviction for this crime, then you will be required to register your address with the state every year, and every time you move.

Failure to do so will result in additional misdemeanor charges for failure to register as a sex offender.²⁹

4. Are there related crimes?

An experienced criminal defense attorney can help you identify one or more legal defenses that you can use to fight charges of contributing to the delinquency of a minor.

A minor caught with marijuana might accuse an adult of giving it to him/her

These might include:

You were falsely accused

According to San Jose criminal defense attorney Reve Bautista³⁰:

“It’s all too common for people to be wrongly accused of improprieties involving minors. Many children know that they can falsely accuse an individual of a crime in order to ‘get back at them’ for something or get attention. Adults know how seriously crimes against children are taken by law enforcement—and are apt to use these kinds of accusations to destroy someone else’s reputation.”

If you are falsely accused of contributing to the delinquency of a minor—or luring a child under 14—then your attorney can undertake the necessary investigations and gather the necessary evidence to ensure that the truth comes out.

You did not know the person was a minor under 18

Many of these cases involve teenagers who may looked—and acted—much older than they actually were. If you reasonably believed the minor was an adult, you may not be guilty of contributing to the delinquency of a minor.³¹

This defense is most likely to be effective if you are accused of behavior that was only illegal because the “victim” was a minor (such as furnishing him/her with alcohol or cigarettes) rather than behavior that would have been illegal anyway (such as involving him/her in criminal activity).³²

You are a parent who was unable to control your child

The way Penal Code 272 PC is written theoretically allows prosecutors to charge the parents of children who end up truant from school, or who are found guilty of a crime in a juvenile adjudication hearing.

Prosecutors can argue that, by failing to provide him/her with adequate care and supervision, you were criminally negligent and so are guilty of contributing to the delinquency of a minor.

But many parents who behave reasonably are still unable to control their children. Your child may have a mental or behavioral disorder, or may be subject to bad influences from school or a noncustodial parent that you could not control.

If this is the case, you should not be guilty of contributing to the delinquency of a minor.

5. Related Offenses

There are several related offenses that may be charged along with (or instead of) contributing to the delinquency of a minor.

5.1. HS 11361 furnishing marijuana to a minor

California law, Health & Safety Code 11361 HS, makes it a separate crime to sell or give marijuana to a minor.

This crime may be charged if you:

• Sell marijuana to a minor of any age;
• Give or offer marijuana for free to a minor under 14;
• Induce a minor of any age to use marijuana; or
• Use a minor of any age to transport, sell, or give away marijuana.³³

It is not uncommon for defendants to face simultaneous charges for furnishing marijuana to a minor and contributing to the delinquency of a minor.

HS 11361 is a California felony and carries a potential state prison sentence of three (3) to seven (7) years.³⁴

Furnishing alcohol to a minor is a related offense to contributing to the delinquency of a minor.

5.2. BPC 25658 furnishing alcohol to a minor

It is a crime to furnish alcohol to a minor under Business & Professions Code 25658.³⁵

This includes both giving and selling alcohol to minors—and also applies to giving or selling alcohol to adults who are under 21.³⁶

Furnishing alcohol to a minor is a misdemeanor. However, unless the minor causes a great bodily injury or death after consuming the alcohol, the only penalties are fines and community service—no jail time.³⁷

So if you are charged with contributing to the delinquency of a minor for giving alcohol to a minor, it may be wise to negotiate a plea bargain to BPC 25658.

5.3. PC 288.2 sending harmful material to a minor

Penal Code 288.2 PC sending harmful material to a minor is the crime of sending “obscene” matter to anyone under 18—with the intent to sexually arouse yourself or him/her, and with the ultimate goal of engaging in sexual activity with him/her.³⁸

Harmful material sent to a minor is a more serious offense than contributing to the delinquency of a minor. It is a wobbler, which means it may be charged as either a misdemeanor or a felony, and it can carry a state prison sentence.³⁹

For this reason, a contributing-to-delinquency conviction can be a preferable alternative to a PC 288.2 conviction. If you are charged with sending harmful material to a minor, you may want to pursue the possibility of a plea bargain to PC 272.

5.4. PC 653b loitering at a school

The crime of Penal Code 653b PC “loitering at a school” consists of lingering at a school or other public place where children congregate, with no lawful purpose and with intent to commit a crime if the opportunity arises.⁴⁰

It is common for loitering at a school to be charged along with Penal Code 272 PC. Loitering at a school is also a misdemeanor, and the exact penalties depend on the prior criminal record of the defendant.⁴¹

5.5. HS 12702 furnishing illegal fireworks to a minor

California law bans the possession of a large number of kinds of fireworks, which it deems “dangerous fireworks.” And if you sell, give or deliver these “dangerous fireworks” to a minor, you can be charged with a crime under Health & Safety Code 12702 HS.⁴²

Furnishing dangerous fireworks to a minor is a misdemeanor that carries up to one (1) year in county jail and/or a fine of five hundred dollars ($500) to one thousand dollars ($1,000).⁴³

If you sell or give illegal fireworks to a minor and s/he is charged with a crime as a result, you may face charges both for furnishing illegal fireworks to a minor and for contributing to the delinquency of a minor.

5.6. BPC 25608 – Alcoholic Beverages at a Public School

Business and Professions Code 25608 makes it a misdemeanor to bring alcoholic beverages onto the grounds of a public school or educational facility. This applies to students, parents, faculties and visitors. A conviction carries a sentence of up to 6 months in county jail.

For further help…

Contact us for help.

For questions about the crime of Penal Code 272 PC contributing to the delinquency of a minor/luring or transporting a minor under 14, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

For more information on the Nevada crime of contributing to the delinquency of a minor, please see our page on the Nevada crime of contributing to the delinquency of a minor (NRS 201.110).

For more information on the Colorado crime of contributing to the delinquency of a minor, please see our page on the Colorado crime of contributing to the delinquency of a minor (CRS 18-6-701).

Legal References: