Blog
California Penal Code Section 273(a) PC: Child Endangerment
California Penal Code Section 273(a) PC: Child Endangerment
Child endangerment laws in California aim to protect children from harm. Penal Code Section 273(a) PC specifically makes it a crime to willfully expose a child under the age of 18 to unjustifiable pain, suffering, injury or danger.
This law recognizes that children are vulnerable and need extra protection. It punishes adults who deliberately or negligently put kids in harmful situations.
What is Child Endangerment Under PC 273(a)?
There are two ways to commit child endangerment per 273(a) PC:
- Willfully causing or permitting any child to suffer unjustifiable physical pain or mental suffering.
- Having care or custody of any child, willfully causing or permitting the child to be placed in a situation where his or her person or health may be endangered.
This covers a wide range of conduct – everything from obvious physical abuse, to leaving a young child home alone, to driving drunk with kids in the car.
Physical Pain vs. Mental Suffering
“Physical pain” means inflicting physical injury on a child, such as bruises, cuts, burns, etc. “Mental suffering” is emotional harm like severe anxiety, depression or trauma.
Endangerment
“Endangerment” under 273(a) PC doesn’t require actual injury. Simply exposing a child to a risk or danger is enough. For example, leaving prescription medication within reach of a toddler, even if the child doesn’t ingest any pills.
Willfully
This means deliberately or on purpose. If someone accidentally leaves a baby in a hot car, it wouldn’t qualify as child endangerment under California law. But intentionally leaving a child in an unsafe situation would.
Unjustifiable
Reasonable parental discipline is allowed under 273(a) PC. Spanking a child as punishment, for instance, is not child endangerment as long as it doesn’t cross the line into abuse. But discipline that causes significant physical/mental harm is illegal.
Care or Custody
A person has “care or custody” of a child if they are legally responsible for the child’s wellbeing. This includes parents, guardians, babysitters, teachers, coaches, etc. But it can also apply to people temporarily watching or interacting with kids.
Penalties
Child endangerment under California law can be filed as either a misdemeanor or felony, depending on the circumstances. Possible penalties include:
- Misdemeanor – up to 1 year in county jail, up to $1,000 fine, or both.
- Felony – 16 months, 2 years or 3 years in state prison, up to $10,000 fine, or both.
If the endangerment causes death or great bodily injury to a child under age 5, it becomes a felony punishable by 5-6 years in prison.
Legal Defenses
There are several legal defenses that a California criminal defense attorney could use to contest child endangerment charges, such as:
- No endangerment – the situation did not actually endanger the child.
- No willful conduct – the alleged act was accidental, not deliberate.
- Proper discipline – reasonable parental discipline is allowed under the law.
- False accusations – for example, in a bitter custody dispute.
Child endangerment often intersects with other criminal charges, such as:
- Child Abuse – Penal Code 273d PC, willfully inflicting unjustifiable physical/mental harm on a child.
- Child Neglect – Penal Code 270 PC, failing to provide a child with food, clothing, shelter, medical care.
- Lewd Acts with a Minor – Penal Code 288 PC, any sexually motivated touching of a child under 14.
- DUI with a Minor – Vehicle Code 23140 VC, driving under the influence with a passenger under 14.
A skilled criminal defense lawyer can help analyze the facts of your case and build the strongest defense strategy possible.
Restraining Orders
In child endangerment cases, the court may issue a protective order during the criminal case. This requires the defendant to stay away from and avoid all contact with the victim.
Violating a restraining order is a crime punishable by fines and jail time. Only a judge can modify or terminate a protective order.
Immigration Consequences
Any criminal conviction can trigger immigration problems for non-citizens, including lawful permanent residents. Child endangerment is no exception.
Under Penal Code Section 273(a) PC, child endangerment is considered a “crime of moral turpitude” under federal law. This makes it a deportable offense. Even a misdemeanor conviction could lead to removal from the United States.
An experienced criminal and immigration lawyer can help defend your rights in both the criminal and immigration spheres. They may be able to get charges reduced or dismissed and avoid negative immigration consequences.
Speak with a Lawyer
Being accused of child endangerment can have devastating personal and legal consequences. The most important thing is to not say anything to law enforcement without first speaking with a criminal defense lawyer.
An attorney can evaluate the strength of the prosecution’s case, build defenses that work in your favor, and protect your future. Don’t leave anything to chance – consult with a lawyer as soon as possible.