California’s Child Endangerment Law Penal Code Section 273a

Understanding Child Endangerment

Child endangerment has a broad definition. It addresses a range of behaviors and circumstances that jeopardize the security and welfare of children. Among them are:

• Physical abuse — Any intentional behavior that results in injury or bodily harm to a child is considered physical abuse. This covers striking, kicking, punching, shaking, or setting fire to the youngster. The child’s health and well-being are in jeopardy because of these acts. Other physical abuses include starving a child or forcing them to eat, as well as subjecting them to domestic violence. In these cases, most defendants contend that their actions were appropriate as a form of discipline. It does not, however, eliminate the risk of bodily injury.

• Neglect — Neglecting a child entails not meeting their fundamental requirements, which include clothing, food, housing, education, medical attention, and supervision. Inadequate housing, clothes, or medical care, as well as not enrolling the child in school, are examples of how to fail to meet the child’s nutritional needs. It also entails not supervising them or not supervising them enough. Child neglect can have detrimental effects on a child’s physical, emotional, and mental health.
• Exposure to dangerous surroundings or substances — You can expose children to circumstances or locations where their health and well-being are at risk. This could involve being near drugs or alcohol, breathing in secondhand smoke, or living in risky settings like homes with mold or lead paint. Acts endangering children include gaining access to hazardous materials or participating in unsafe activities without enough supervision. Child endangerment also includes operating a vehicle while intoxicated while carrying a child.

• Emotional or psychological harm — Manipulation, verbal and emotional abuse, and isolating the child are a few behaviors that fit under this category.

• Any situation that puts a child’s health or safety in danger

Note: Child endangerment encompasses both types of child abuse and neglect due to its broad definition. But, according to California law, child abuse and child neglect are two different crimes. Penalties for child neglect fall under PEN 270 and child abuse under PEN 273d.

(A person under 18 years is considered a child in this sense).

What Prosecutors Should Prove in a Child Endangerment Case

You will only be convicted under PEN 273a if the prosecution can show that you committed any one of the following:

• You inflicted or allowed a child to experience unwarranted bodily or mental anguish
• You subjected a child to needless physical and psychological agony
• You allowed or caused harm to a child’s person or health while you were providing care for or had custody of the child
• You put the child at risk or permitted the child to be in danger while they were under your care. The child’s life or health was in jeopardy in this case

The prosecution must demonstrate that you acted knowingly. Additionally, the prosecution must prove that you committed any of the above actions with criminal negligence.

Recall that some defendants would contend that they were reprimanding their children. On the other hand, prosecutors must demonstrate that the parent failed to discipline the child appropriately.

1. What it Means to Act Willfully

When you take a deliberate action, you do it fully conscious of the situation’s potential outcomes. In essence, you are acting voluntarily and purposefully, fully aware of the consequences of your choices and exactly what you are doing. It is important to realize, though, that acting deliberately does not imply that you meant to injure someone or disobey the law.

2. What is Considered Unjustifiable Mental Suffering and Physical Pain

When a child is harmed without cause or warrant, it is referred to as unjustifiable mental suffering or physical agony. Simply put, these acts harm the child or cause needless pain.

Acts of aggression against a child that inflict bodily harm or pain without a good justification are considered to constitute unjustified physical anguish. Self-defense or discipline are a couple of the justifications.

3. Criminal Negligence

Criminal negligence occurs when the defendant fails to exercise reasonable care, which leads to serious harm or injury to the victim. A reckless disregard for the safety of others is a hallmark of criminal negligence. In a comparable circumstance, a reasonable person would have taken action to avoid harm. Legally speaking, this indicates that the child suffered due to your acts not upholding the required standard of care.

The courts apply the reasonable person test to determine criminal negligence. This evaluates whether a reasonable person in the same situation would have taken a different course of action to avoid harm. This method lets you see if your behavior is out of the ordinary. If your actions are inadequate and result in injury, you could be charged with criminal negligence.

4. Custody of the Child

You are in charge of a child’s upbringing, safety, and care if you have custody of them. You are deemed responsible for the child’s well-being if you have legal guardianship, parental rights, or caregiving responsibilities. Prosecutors must demonstrate that you had custody to establish your duty of care. You could be held accountable for any actions that put the child at risk if it can be proven that you were the child’s caregiver at the time of the alleged endangerment.

Child Endangerment that Could Result in the Death of the Child or Great Bodily Injury

Endangering the welfare of a child is a misdemeanor offense. However, prosecutors would likely press felony charges if the child was in danger of great physical harm or death. You could be criminally liable without the child dying or sustaining serious physical harm. The most important thing to think about is whether the events or acts will probably cause this kind of serious harm.

When someone suffers significant bodily harm, it is considered a great injury. It involves severe injuries or results in a long-term impairment of the child’s physical or mental abilities. Examples of severe physical harm include the following, albeit the term may change depending on the situation:

• Broken bones
• Disfigurement
• Traumatic brain damage
• Organ damage or
• Wounds needing a lot of medical care or surgery

Most of these injuries result in significant medical care, long-term disability, or a major reduction in the victim’s quality of life. This takes mild, inconsequential, or even substantial injuries off the list.

Note: PEN 273a does not directly address prenatal conduct. Rather, it focuses on child endangerment. It focuses on deeds or omissions that jeopardize the well-being or security of a born child. Prenatal conduct that impacts a fetus throughout pregnancy is not included.

Penalties You Could Face if a Jury Finds You Guilty

Prosecutors may choose to press misdemeanor or felony charges after reviewing your case.

The court will impose the following punishments if the jury finds you guilty of a misdemeanor violation:

• A maximum 6-month jail term in a county jail
• A minimum $1,000 fine

If a jury finds you guilty of a criminal offense, you will face felony penalties under PEN 273a. Among these sanctions are:

• A two, four, or six-year sentence to a state prison
• a minimum $10,000 fine

If you inflicted serious physical harm on the child, you could be subject to harsher punishments. If the child dies as a result of your actions or inactions, you could potentially be subject to harsher sanctions. They include:

• An extra three to six years in prison if you were the one who seriously hurt the child. The victim’s age and extent of damage determine the actual years
• If your criminal carelessness caused the child’s death, you might have to serve an extra four years in prison

You must fulfill these sentences consecutively, meaning you must do them after completing the stipulated jail time. If the child passes away, prosecutors could choose to press other charges. There are potential charges that you may face, including:

• PEN 187 — The law defines second-degree murder as a crime
• PEN 192(a) — This statute defines voluntary manslaughter as a felony
• PEN 192(b) — The law makes involuntary manslaughter a felony

Probation as an Alternative to Incarceration

The judge could decide to sentence you to probation instead of jail time. Your lawyer will argue for probation during sentencing by providing the judge with evidence that supports this option. Your lawyer will draw attention to elements like:

• You do not have any past criminal records
• Your connections within the community
• Your regret for the transgression
• Your dedication to recovery, or
• Any extenuating situations related to the case

Your lawyer will also provide proof of your social efforts or readiness to follow probationary rules. Ultimately, the judge will consider these elements to decide on the most suitable punishment.

For a misdemeanor or felony offense, you could continue serving your probation terms. For the four years that you will be on probation, you must adhere to the following court-imposed obligations without fail. A judge could impose any number of probationary conditions, such as the following:

• Serve you with a stay-away order — You may be subject to a stay-away order from the court. This injunction forbids you from communicating with or being near the child or any places the court designates. The goal of the order is to safeguard the involved child’s safety and well-being and to stop any additional abuse or harassment. Recall that disobeying a stay-away order could have dire repercussions. Probation revocation and new criminal charges are part of it. Therefore, you must abide by all court orders and probationary requirements.

• Participation in a program for the treatment and counseling of child abusers — The judge could require you to do so. The courts hope to address the underlying causes influencing your behavior through this program. Additionally, you will receive the resources and assistance you need to stop abusing children in the future. The court frequently orders participation in these programs to support rehabilitation and guarantee the security and welfare of children in the community.

• Comply with random drug testing — A judge could require you to abstain from drug and alcohol use as part of your probation conditions. This means you could be subject to random drug and alcohol testing. This will ensure your compliance with this requirement. Your probation officer will administer these tests at any time without prior notice. Adhering to the prohibition on drug and alcohol use is essential. It helps you maintain your probation status and avoid further legal consequences.

Generally, you have three choices when it comes to probation. Serving out your probationary period and fulfilling your probationary requirements is the most crucial and advised course of action. You will be considered to have completed your sentence when you do.

Alternatively, ask for an early termination with the assistance of your lawyer. You could request an early probation termination if you adhere to all probationary requirements for the first year or two. Your lawyer will submit the early termination request to the court. The judge will determine whether to approve your request after considering your case.

There will be severe repercussions for your conduct if you break the conditions of your probation. There could be several consequences if you do not follow your probation’s rules and regulations.  In addition to revoking your probation, the judge could impose more probationary conditions. He/she will probably punish you for the violation by sending you to a county jail or state prison.

Defenses Defense Attorneys Could Use in a Child Endangerment Case

Child endangerment charges are serious. You must mount the right defense to cast a reasonable doubt on your guilt and persuade the jury of your innocence. A criminal defense lawyer could raise the following defenses:

1. You Were Disciplining the Child

Parents still have the right to discipline their children, but only as long as they follow the law and stay within reasonable boundaries. The person in charge of discipline should not employ excessive force or harsh methods. The method of discipline should be appropriate for the child’s age, stage of development, and behavior.

Abuse could be defined as any form of discipline that goes beyond what is thought to be appropriate for good parenting and results in physical injury or emotional suffering.

The burden of proof for prosecutors is to show that what you did was more severe than appropriate parental guidance and amounted to corporal punishment. Your defense lawyer could argue that the prosecution’s concept of physical punishment is improper and refute their assertion that it is. He/she will claim that your acts were appropriate parental discipline and did not amount to abuse.

Alternatively, your lawyer could offer evidence through witness statements or expert testimony. Considering the situation and the child’s conduct, these will demonstrate that your corrective measures were appropriate and warranted.

2. You Did Not Act willfully, So Your Actions Do Not Amount to Criminal Negligence

The prosecution must establish your criminal carelessness to successfully prosecute you for endangering the welfare of a child. This suggests that you acted carelessly with regard to the child’s safety, knowing full well that there could be hazards.

However, to prove your guilt, the prosecution must show that your actions were purposeful and deliberate. It also needs to be evident that you put the child in danger. But, your conduct might not qualify for charges of endangering the welfare of children if they were the consequence of an accident or simple negligence. In these situations, a defense lawyer can contend that your acts were accidental, the result of common carelessness, or a transient error in judgment. This does not constitute the necessary degree of criminal guilt for child endangerment.

3. You Were Falsely Accused

Allegations of child endangerment frequently come up in child custody disputes. In tense arguments, one side could accuse the other of putting the child in danger to gain the upper hand in the custody battle. These arguments significantly impact custody decisions because the courts prioritize the child’s safety and well-being.

A skilled criminal defense lawyer, however, can successfully refute accusations of false child endangerment. Your lawyer is going to gather several pieces of evidence. This includes surveillance footage, expert opinions, medical records, and witness statements. Each of these tries to prove your innocence and refute the charges against you.

Examining the prosecution’s evidence is another task for prosecutors. They will use inconsistencies or problems with credibility as part of their plan to refute the claims in court.

4. You Were Not the Actual Culprit

The goal of the law is to make the guilty accountable. Occasionally, prosecutors overreach and wrongly single out individuals while failing to identify the actual offender who put the child at risk. In these cases, the emphasis should be on ensuring the real offender bears the appropriate repercussions for their acts instead of unfairly punishing an innocent third person.

Prosecutors ought to carry out exhaustive investigations and pursue the law with objectivity. Considering all relevant information and opinions before filing a lawsuit is advisable.

In these situations, a criminal defense lawyer will raise the potential that there could be another person who is the actual offender and is putting the child in danger. They will investigate the specifics of the accusations. They will gather proof to back up this claim. This could involve:

• Finding the witnesses
• Obtaining pertinent records or surveillance footage, and
• Presenting compelling arguments in court to support their client’s innocence.

5. Mistake of Fact

A mistake of fact occurs when an individual’s behavior or convictions stem from inaccurate information about a given circumstance. This implies that someone could act based on a reasonable belief that a particular fact is true. These facts could, however, turn out to be untrue in the future.

Teachers and physicians are legally and morally required to report suspected child endangerment. Initial errors could impact the recommendations made by child protective authorities when acting on these reports. It could result in pointless interventions that do not always help the child. A defense lawyer can present a mistake of fact argument if their client is falsely accused of threatening the life of a child. He/she will claim that you acted out of a sincere desire to support the facts.

6. You Bore No Responsibility For the Child at the Time the Alleged Crime Occurred

Your lawyer can contend that you were under no legal duty to care for the child at the time of the alleged offense. You challenge the prosecution’s case by demonstrating that you were not the child’s legal guardian or custodian during that time. This defense contests the prosecutor’s ability to prove one of the main components of the offense: your relationship as the child’s custodian at the time of the alleged endangerment.