Information on willful child endangerment is found at penal code sections 273a(a) and 273a(b).

 

This article covers the law, punishment, and common defenses related to the crime of willful child endangerment as that crime is charged under penal code 273a(a).

 

For further information, contact our child endangerment criminal defense attorneys today for a free consultation.

 

In essence, to willfully endanger a child means to purposefully place a child in a situation where they are subjected to possible physical harm even if the defendant did not mean actual harm to the child.

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Example: Kathy leaves her three-year-old child, Camille, in a car while she [Kathy] runs into a grocery store for quick shopping trip. A police officer notices that Camille has been left alone in the vehicle and that the circumstance of Camille left in the vehicle unattended could have resulted in harm to Camille (i.e., hot car death).

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Result: In the above example, Kathy could be charged with willful child endangerment under CA Penal Code 273a(a). This is true even if Kathy never intended to harm her own child and even if Kathy's child suffered no actual injury.

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PC 273a(a) Law

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PC 273a(a): Any person, who willfully causes or permits any child to suffer unjustifiable physical pain, injury, or mental suffering, or willfully causes or permits that child to be placed in a situation where the child is likely to suffer great bodily injury or death, or the health of the child is endangered, is guilty of the crime of willfully endangering... a child  [PC 273a(a) Abbr.].

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PC 273a(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 willfully endangering... a child [PC 273a(b) Abbr.].

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Note: The difference between PC 273a(b) and 273a(b) is that PC 273a(a) requires the district attorney to prove a child suffered unjustifiable injury or was likely to suffer great bodily injury (GBI). PC 273a(b) requires the district attorney to prove that a child suffered ordinary injury or was likely to suffer ordinary injury.

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Intent Not Required: Willful child endangerment is not a specific intent crime. This means that the defendant does not need to purposefully place a child in danger to be charged with a PC 273a crime. Recklessness or gross negligence is all that is required.

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Injury Not Required: Willful child endangerment means that the defendant either unjustifiably injured a child or placed the child in a situation that was likely to produce harm. It does not matter if the child was actually harmed in order to prove willful child endangerment (See common PC 273a(a) examples below).

 

PC 273a Definitions

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Probable Injury: The work "likely" in the phrase 'likely to produce great bodily injury or death,' means highly probable.

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Great bodily injury (GBI):  Great bodily injury, or GBI, means injury that is more than ordinary or substantial injury, including death, broken bones, injuries that leaves scars, and concussions.

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Child or Minor: A child, for purposes of PC 273a, means anyone under the age of 18 (even if the child is otherwise emancipated).

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Recklessness: Recklessness means conduct greater than ordinary negligence. Recklessness is subjective carelessness or disregard for the safety of a child.

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Common PC 273a situations:

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• DUI with a child in the vehicle

• Leaving a child in a car unattended

• Assaulting a person that is holding a baby 

• Allowing a child to play with a loaded firearm

• Allowing minors to have alcohol or drugs

• Leaving a baby without a babysitter

• Leave a young child unattended in a pool

• Unreasonable corporal punishment

• Leave opened bottles of medicine near child

 

Punishment for PC 273a

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PC 273a(a): Child abuse, or willful child endangerment, that is likely to cause great bodily injury (GBI), may be charged as a misdemeanor or as a felony.

 

If found guilty of misdemeanor PC 273a(a), the defendant could face up to one year in the county jail. If found guilty of felony PC 237a(a) the defendant could face up to six years in prison.

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PC 273a(b): Child abuse, or willful child endangerment, that is likely to cause ordinary injury, is charged as a misdemeanor. If found guilty of PC 273a(b), the defendant may face up to six months in the county jail.

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Actual Injury to Child: If the child is actually injured in connection with a PC 273a(a) charge, then the defendant will also likely be charged with a great bodily injury (GBI) enhancement under penal code 12022.7. The PC 12022.7 enhancement is an enhancement to the prison time that the defendant faces.

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Example: Becky leaves the cap off her Norco medication. Becky's two-year-old child, Silvia, gets a hold of Becky's Norco and eats it as though the Norco was candy. Silvia is rendered comatose due to the overdose.

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Result: In the above example, Becky may be charged with willful child endangerment per PC 273a(a) because Becky left the Norco unsecured near Silvia. Becky may also be charged with the GBI enhancement under PC 12022.7 because Silvia was actually harmed by Becky's child endangerment conduct.

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Note: Other penalty enhancement may be added to PC 273a(a) charges depending on the circumstances of the facts and the level of injury to the child.

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Good Conduct Credits: If the defendant is convicted of PC 273a(a), or 273a(b), and he or she is sentenced to jail or prison (no grant of probation), the defendant may earn up to fifty percent (50%) credit off his or her sentence for good behavior while in custody (absent prior strike convictions).

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Three Strikes Law: Willful child endangerment is not a strike crime under California's Three Stikes Law.

 

Probation Sentence: A probation sentence is a period of supervision instead of an actual jail or prison sentence. Probation sentences have terms of probation that must be followed in order to avoid further punishment, including actual jail or prison.

 

Probation for felony PC 273a(a) convictions is considered formal, which means that the defendant is monitored by probation officer. Probation for misdemeanor PC 273a(a) or 273a(b) convictions is considered informal or summary, which means the defendant is not supervised by a probation officer.

 

Probation sentences are available in some willful child endangerment cases depending on the facts of the case and the defendant's criminal history. If the defendant is granted probation the court will also require the following minimum conditions:

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• A mandatory minimum period of probation of 48 months (PC 273a(c)(1)).

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• A criminal protective order (CPO) protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions (PC 273(c)(2)).

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• Successful completion of no less than one year of a child abuser’s treatment counseling program, with quarterly progress reports, approved by the probation department. (PC 273(c)(3)(A).

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• If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant will be ordered to abstain from the use of drugs or alcohol during the period of probation (PC 273a(c)(4)).

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Note: Probation sentences may include a "Jail" sentence, but jail sentences that are ordered as a term of probation are always less than a year and are usually served on house arrest or work release. Also, the court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice.

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Suspended Sentence: The crime of willful child endangerment (PC 273a(a)) does not qualify for a suspended prison sentence (aka joint suspension), or a split prison sentence. 

 

This means that if the defendant is found guilty of PC 273a(a) as a felony, and the defendant is not granted a probation sentence, the defendant must serve an actual prison sentence (as opposed to a county jail sentence), and no part of that sentence may be split (half in prison and half out of prison on work release or house arrest) or suspended (not served unless there is a violation of probation).

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Immigration Issues: Non U.S. citizens convicted of willfully endangering a child may be deported or denied reentry into the United States.

 

Whether or not a defendant will be deported depends largely on the immigrant's criminal history, the sentence received, the recital of facts in the record of conviction, and any applicable immigration waivers. 

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Note: PC 273a(a) and 273a(b) are considered crimes involving moral turpitude if child abuse is found (as opposed to child neglect). For more information, see Immigration Consequences for Criminal Conduct & Crimes Involving Moral Turpitude.

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Professional Licensing: Licensed professionals, including doctors, lawyers, teachers, nurses, therapists, etc., who are charged with child abuse or willfully endangering the health of a child, may be disciplined by their respective state licensing agencies (Bar, Board, Commission, etc.). Discipline may include suspension or revocation of a professional license, probation, or other punishment.

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Collateral Punishment: In addition to the punishments listed above, if found guilty of willful child endangerment, the defendant may suffer any of the following: fines and fees, loss of rights to child custody or visitation, loss of the right to own or possess firearms, restitution to victims, CPS investigations, listing on the Child Abuse Central Index (CACI), criminal protective orders, and more.

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Defenses to PC 273a

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Common defenses to PC 273a crimes include insufficient evidence, mistake of fact, emergency, statute of limitations, coerced confessions, illegal search and seizure, insanity, severe intoxication (except in connection with crimes that involve alcohol or drugs, such as DUI, Drunk in Public, etc.), self-defense, and more.

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Statute of Limitations: The statute of limitations for the crime of willful child endangerment is three years from the date of the alleged offense. This three years statute of limitations applies to both misdemeanor and felony violations of penal code 273a(a).

 

If you or a loved one is accused of child abuse, or willful child endangerment (PC 273a(a) and 273a(b)), contact our experienced criminal defense attorneys today for a free consultation.

 

Our criminal defense attorneys are always available to explain your rights and defense options. Call today!

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909-913-3138

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