Penal Code § 273a(a) PC – Child Endangerment – California Law

Penal Code § 273a(a) PC prohibits child endangerment, which is 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.

Child endangerment is a separate crime from child abuse (PC 273d) – which is physically hurting a child – and child neglect (PC 270) – which is failing to provide necessities.

The following table spells out the criminal sentences for child endangerment:

Child Endangerment	California Penalties*
There was no possibility of death or great bodily injury	Misdemeanor:  Up to 1 year in jail and/or $1,000
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 $10,000
*Courts can grant probation in lieu of jail.

To help you better understand the law, our California criminal defense lawyers discuss the following:

• 1. Elements
• 2. Punishment
• 3. Best Defenses
• 4. Related Crimes
• Additional Resources

1. Elements

The elements of child endangerment are spelled out in California Jury Instruction 823. To convict you under Penal Code 273a, a prosecutor must prove beyond a reasonable doubt the following three elements of the crime:

1. You did ONE of the following:
   • Willfully inflicted unjustifiable physical pain or mental suffering on a child, or
   • Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering, or
   • 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
2. You were criminally negligent when you caused or permitted the child to suffer and/or be injured or endangered; AND
3. If you were the minor’s parent, you were not reasonably disciplining the child. ¹

There is one additional element prosecutors must prove if you are charged with Penal Code 273a as a wobbler (which means it can be a misdemeanor or a felony). This element is that you acted under circumstances that were likely to produce

• great bodily injury or
• death.²

It is not necessary that your actions ultimately caused such harm or death. It is only necessary that it was a likely outcome.³

These elements are discussed in more detail below.

“Willfully” Meaning

Under California law, an act is done “willfully” if done on purpose.⁴

This does not necessarily mean that you intended to break the law or cause any harm.⁵ It simply means that you purposely did an act that could have resulted in harm.⁶

“Unjustifiable Physical Pain or Mental Suffering” Meaning

“Unjustifiable physical pain or mental suffering” means pain or suffering that either:

• is not reasonably necessary, or
• is excessive under the circumstances.⁷

“Criminal Negligence” Meaning

You act with criminal negligence when:

1. You act in a reckless way that is a gross departure from the way an ordinarily careful person would act in the same situation;
2. Your acts amount to disregard for human life or indifference to the consequences of your acts; AND
3. A reasonable person would have known that acting in that way would naturally and probably result in harm to others.”⁸

In other words, behavior amounts to “criminal negligence” when it is so aggravated, gross, or reckless that it goes against common sense.⁹ The test is whether a “reasonable” person in a similar situation would have engaged in the same behavior.¹⁰

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.¹¹

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.¹²

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.¹³ 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.¹⁴

“Great Bodily Injury” Meaning

“Great bodily injury” is defined under California law simply as any significant or substantial physical injury.¹⁵ The jury determines the existence of “great bodily harm” on a case-by-case basis.¹⁶ 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.¹⁷

That said, if the child does suffer great bodily harm, the prosecutor is more likely to file felony charges.

2. Punishment

The penalties for child endangerment depend on whether your actions created a risk of “great bodily harm” or death to the child.¹⁸

There Was No Risk of Great Bodily Harm or Death

If your behavior did not create a risk of great bodily injury or death, the crime is a misdemeanor offense.¹⁹

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 $1,000.²⁰

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 four years.²¹ Such probation may also entail a protective (restraining) order, treatment, and additional conditions such as drug testing.²²

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.”²³ 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.²⁴

Once you complete probation, you may expunge your California criminal record.²⁵

There Was A Risk of Great Bodily Harm or Death

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:

1. The exact circumstances of the allegations, and
2. Your criminal history (if any).

Consequences of a felony conviction can include:

• 2, 4, or 6 years in California state prison,²⁶ and/or
• A fine of up to $10,000.²⁷

Or the judge can sentence you to a minimum of four years of formal (felony) probation.²⁸ Once you complete probation, you may expunge the conviction.

Great Bodily Injury Enhancement

In addition to the above felony penalties, you may receive a sentencing enhancement 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;²⁹ or
• If the child died as a result of your criminal negligence: an additional and consecutive 4 years in prison.³⁰

California’s “Three Strikes” Law

A felony child endangerment conviction can count as a “strike” under California’s “Three Strikes” law if the child actually suffered great bodily injury.³¹

If you have a strike on your criminal record and you are subsequently charged with any felony, you will be considered a “second striker.” The sentence for the later offense will be twice what it would otherwise be.³²

If you become a “third striker,” you will serve a mandatory minimum sentence of 25 years to life in prison.³³

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.

3. Best Defenses

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:

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.

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.

2) You Were Reasonably Disciplining Your Child

You have the right to discipline your children in California through “reasonable” corporal punishment.³⁴ “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.

3) You Are a Victim of 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.

4) The Reporters Made a “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.³⁵ If they do not, they can be charged with a misdemeanor and go to jail.³⁶

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.

Similar to cases where 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.

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.

In these cases, we rely on eyewitness testimony and surveillance video to show that you were not the person who caused the injuries.

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.

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. Related Crimes

• Arranging a meeting with a minor for lewd purposes – Penal Code 288.4 PC
• Child abuse – Penal Code 273d PC
• Child neglect – Penal Code 270 PC
• Contacting a minor with intent to commit a felony – Penal Code 288.3 PC
• Driving under the influence – Vehicle Code PC 23152 VC 
• 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
• Oral copulation with a minor – Penal Code 287 PC
• Relinquishing a vehicle to a minor – Penal Code 193.8a PC
• Statutory rape – Penal Code 261.5 PC
• Voluntary manslaughter – Penal Code 192 PC

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).

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