What Is Child Endangerment Under California Penal Code 273a?
Child endangerment is a serious criminal charge in California. Under Penal Code 273a (PC 273a), it is illegal to place a child in a situation where their health or safety is at risk. This law applies to parents, guardians, babysitters, and anyone else who has care or custody of a child.
You do not have to physically hurt a child to be charged with child endangerment. The law covers a wide range of actions, including leaving a child in an unsafe environment, failing to provide basic needs like food or shelter, or allowing a child to be present during domestic violence or other violent incidents.
Even though domestic violence cases usually involve two adults, children are sometimes present when adults are arguing or fighting. In those situations, the police may charge one or both adults with child endangerment under PC 273a.
If you are facing child endangerment charges in California, it is important to speak with an experienced defense attorney as soon as possible. The penalties are harsh, and a conviction can affect your freedom, your career, and your relationship with your children.
Felony vs. Misdemeanor Child Endangerment Charges in California
Child endangerment under PC 273a is a "wobbler" offense in California. That means the prosecutor can charge it as either a misdemeanor or a felony. The decision depends on the facts of the case and whether the child was at risk of great bodily harm or death.
Misdemeanor Child Endangerment (PC 273a(b))
If the child was not placed in a situation likely to cause great bodily harm or death, the charge is a misdemeanor. This is the most common charge in domestic violence related child endangerment cases.
Felony Child Endangerment (PC 273a(a))
If the child was placed in a situation where great bodily harm or death was likely, the charge is a felony. Felony child endangerment is treated much more seriously and carries much harsher penalties.
Penalties for a PC 273a Conviction
The penalties for child endangerment depend on whether the charge is a misdemeanor or a felony.
Misdemeanor Penalties:
- Up to one year in county jail
- A fine of up to $1,000
- Informal probation for up to four years
- A mandatory child abuser treatment counseling program
Felony Penalties:
- Two, four, or six years in California state prison
- A fine of up to $10,000
- Formal probation
- A mandatory child abuser treatment counseling program
In both cases, the court must impose a protective order. If the court grants probation, the probation period must last at least four years under Penal Code 273a(c). The court may also require the defendant to complete at least one year of an approved child abuser treatment counseling program.
A conviction for child endangerment can also lead to serious collateral consequences, including difficulty finding a job, loss of custody rights, and problems with immigration status. If you have questions about expungement or clearing your record after a conviction, our attorneys can help.
CPS Involvement in Child Endangerment Cases
When child endangerment charges are filed, Child Protective Services (CPS) will almost always open a separate investigation. This CPS investigation runs alongside your criminal case but follows its own rules and timeline.
CPS may visit your home, interview your children, and speak with family members, teachers, and neighbors. Based on their findings, CPS can make recommendations to the family court about custody and visitation. In serious cases, CPS may seek to remove children from the home or place limits on your contact with them.
It is very important to have a defense attorney who understands both the criminal case and the CPS process. The outcome of one can directly affect the other. Our attorneys at Summit Defense have handled many cases involving both criminal charges and CPS investigations, and we know how to protect your rights on both sides.
If you are also dealing with restraining orders or false imprisonment charge related to your case, our team can help you navigate all of these issues at the same time.
What the Prosecutor Must Prove in a Child Endangerment Case
To convict you of child endangerment under PC 273a, the prosecutor must prove the following elements beyond a reasonable doubt:
- You had care or custody of a child.
- You caused or allowed the child to be placed in a situation where their health or safety was at risk.
- You acted with criminal negligence.
Care or Custody of a Child
This charge only applies to people who were responsible for the child at the time. That includes parents, guardians, and anyone caring for the child, such as a relative or a babysitter.
Causing or Allowing Danger to the Child
The prosecutor must show that you either caused the dangerous situation or allowed it to happen. A common example is when a child is present during a violent fight between two adults. Even if you did not directly harm the child, allowing the child to be in a dangerous situation can be enough for this charge.
Criminal Negligence
Criminal negligence means more than just making a mistake or using bad judgment. The prosecutor must show that you acted in a reckless way that was a major departure from how a reasonable person would act. Specifically, the prosecution must prove:
- You acted in a reckless way that was a big departure from how a careful person would act in the same situation.
- Your actions showed a disregard for human life or a lack of concern about the results of your actions.
- A reasonable person would have known that acting that way would likely result in harm to others.
If the prosecution cannot prove all of these elements, you should not be found guilty. An experienced child endangerment defense attorney can challenge the evidence and build a strong defense on your behalf.
