California Penal Code 273a – Understanding Child Endangerment Laws in California
Penalties, Legal Defenses, and How our San Diego Defense Lawyers Can Help You Fight Back
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
Child endangerment under California Penal Code 273a involves placing a child in a situation where their health or safety is at risk, even if no physical harm occurs. Understanding the charges, penalties, and defenses can make all the difference when facing this serious accusation.
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Leaving a loaded gun within a child’s reach? That simple mistake could land you in violation of California’s child endangerment law.
Elements of Child Endangerment
“Willfully” Meaning
In the context of child endangerment, “willfully” means the defendant acted on purpose. However, it does not require intent to break the law or cause harm. For example, leaving a child unattended in a potentially dangerous situation, even without intending to hurt them, can be considered willful if it was done knowingly.
Leaving your child in the care of someone abusive? Under California Penal Code 273a, that decision could land you with serious child endangerment charges.
“Unjustifiable Physical Pain or Mental Suffering” Meaning
This refers to causing or allowing a child to endure pain or suffering that is not warranted by any circumstance. Reasonable discipline, such as mild physical punishment, may not meet this threshold, but excessive or cruel treatment will.
“Criminal Negligence” Meaning
Criminal negligence involves acting in a reckless way that creates a high risk of harm to a child, even if you didn’t intend to cause harm. It’s more severe than ordinary negligence, which is merely failing to exercise reasonable care.
Where Criminal Negligence Was Found
Example: Maria leaves her two-year-old son unattended in her parked car on a hot summer day with the windows rolled up. After several hours, a passerby notices the child in distress due to heat exhaustion and calls the police. Maria is charged with child endangerment because her actions were criminally negligent, as she knowingly left her child in dangerous conditions.
Example: John keeps a loaded firearm in an unlocked drawer in his living room, where his seven-year-old daughter and her friends often play. One day, his daughter finds the gun and accidentally fires it, injuring another child. John is charged with child endangerment because he acted with criminal negligence by leaving a dangerous weapon accessible to a child.
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. Here is an example from an actual court case:
Example: David takes his five-year-old son to a local park to play. While watching his son from a nearby bench, David is distracted for a few minutes by a phone call. During this brief moment, the child falls from the jungle gym and breaks his arm. Despite the unfortunate accident, David’s behavior does not amount to criminal negligence because it was the result of ordinary carelessness or inattention, and a reasonable person could not have foreseen this specific harm.
This type of situation demonstrates how certain acts, though unfortunate, do not rise to the level of criminal negligence under California’s child endangerment laws.
“Great Bodily Injury” Meaning
Great bodily injury (GBI) refers to significant physical harm, such as broken bones, deep lacerations, or injuries requiring extensive medical treatment. If a child suffers GBI due to endangerment, the charges and penalties can be much harsher.
When "great bodily harm" is inflicted as a result of child endangerment, the consequences intensify drastically—felony charges are often the next step
Punishment for Child Endangerment
- Misdemeanor Penalties: Misdemeanor child endangerment can result in up to 1 year in county jail and fines of up to $1,000. The court may also impose probation and mandatory counseling.
- Misdemeanor Probation: For less severe cases, the court may grant probation in place of jail time. This probation may require the defendant to attend parenting classes, complete community service, and stay away from the child if a restraining order is in place.
- Felony Penalties: Felony child endangerment carries a prison sentence of 2, 4, or 6 years, depending on the case’s severity and whether the child suffered any physical harm. Fines can also be significantly higher.
Facing felony child endangerment charges? You’re up against penalties that could include up to six years in prison.
- Great Bodily Injury Enhancement: If the child suffers great bodily injury, the defendant may face an additional 3 to 6 years in prison under California’s sentencing enhancement laws.
- California’s “Three Strikes” Law: A felony child endangerment conviction may count as a “strike” under California’s Three Strikes Law, increasing future penalties for any subsequent felony convictions.
- How the Criminal Case Affects Child Custody: A child endangerment conviction can significantly impact child custody and visitation rights. The family court may reduce or terminate custody, especially if the conviction indicates a risk to the child’s well-being.
Best Defenses to Child Endangerment Charges
The Act Was Not Willful or Did Not Amount to Criminal Negligence
A strong defense may show that the defendant’s actions were neither willful nor negligent but rather accidental or unintentional.
You Were Reasonably Disciplining Your Child
California law allows for reasonable discipline of a child, and this defense may argue that the alleged conduct falls within the scope of lawful parental discipline.
False Accusations
In many cases, false accusations arise out of personal conflicts, such as child custody disputes. A solid defense strategy can expose inconsistencies in the accuser’s testimony.
“Mistake of Fact”
This defense asserts that the defendant did not know or could not reasonably have known that their actions posed a danger to the child.
Someone Else Endangered the Child
A valid defense may involve proving that someone else, not the defendant, was responsible for placing the child in danger.
You Had No Responsibility Over the Child
If you were not the child’s legal guardian or responsible for their care at the time, this defense can relieve you of liability.
What Happens if the Accuser Refuses to Testify?
While the accuser may refuse to testify, California law allows the prosecution to continue the case using other evidence, such as medical records, witness statements, or law enforcement testimony. However, the case may be weakened without the accuser’s direct testimony.
Child neglect and child endangerment often go hand-in-hand in California, with both charges frequently filed together.
Related Crimes
- Child abuse – Penal Code 273d PC
- Driving with young children without restraint systems – Vehicle Code 27360 VC
- DUI with a child under 14 – Vehicle Code 23572 VC
- Failure to provide care (neglect) – Penal Code 270 PC
- Furnishing dangerous fireworks to a minor – Health & Safety Code 12702 HS
- Involuntary manslaughter – Penal Code 192(b) PC
- Lewd acts with a minor – Penal Code 288 PC
- Murder – Penal Code 187 PC
- Relinquishing a vehicle to a minor – Penal Code 193.8a PC
Additional Resources for Victims
If you or someone you know is a victim of child endangerment, there are resources available to provide support and guidance.
- Office of Child Abuse Prevention (OCAP): Works to prevent and address child abuse and neglect in California.
- Local Child Protective Services (CPS): The agency responsible for investigating reports of child abuse and neglect.
- Prevent Child Abuse America: A national organization promoting public policies and awareness to prevent child abuse.
- Childhelp National Child Abuse Hotline (800-4-a-child): A 24-hour confidential hotline for crisis intervention and referrals to support resources.
- Child Abuse and Neglect (CDC.gov): Informational articles on child abuse prevention and intervention by the Centers for Disease Control and Prevention.
Contact Kersey Law for a Free Consultation
If you’re facing child endangerment charges, don’t wait. The sooner we start working on your defense, the better your chances of a favorable outcome. Contact Kersey Law today to schedule a free strategy session and learn how we can help you fight back.
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