--- title: "PC 273a - Child Endangerment" description: "PC 273a covers child endangerment in California, from misdemeanor exposure to a felony carrying up to six years. Here's how the charge works." url: "https://www.thehfirm.com/penal-codes/pc-273a-child-endangerment" site: "H Law Group" --- # PC 273a - Child Endangerment PC 273a covers child endangerment in California, from misdemeanor exposure to a felony carrying up to six years. Here's how the charge works. Topics: Domestic Violence, Penal Code ## **California Penal Code 273a: Child Endangerment** PC 273a is one of the broadest statutes in the domestic violence chapter of the California Penal Code, and that breadth is exactly what makes it so easy to get charged under. It doesn't require that a child actually be hurt. It only requires that a child was placed in a situation where harm was possible. That covers everything from leaving a young child unattended near a pool to exposing a child to ongoing violence between the adults in the household. ## **What the Law Actually Says** Penal Code [273a](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273a.&lawCode=PEN) is written in two tiers based on the level of risk involved. Subsection (a) covers the more serious version: > "Any person who, under circumstances or conditions 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 is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years." Subsection (b) covers the same conduct where the circumstances are not likely to produce great bodily harm or death. That version is a misdemeanor. ## **Elements Prosecutors Must Prove** - The defendant willfully caused or permitted a child to suffer pain or suffering, or placed the child in a situation endangering their health or person - The defendant acted with criminal negligence, or in some cases directly and intentionally caused harm - The circumstances did, or did not, present a likelihood of great bodily harm or death, which determines whether the case is charged under (a) or (b) Importantly, this statute doesn't require intent to hurt the child. Criminal negligence, meaning conduct that a reasonable person would recognize as creating a substantial risk, is enough for a conviction in many cases. ## **Misdemeanor or Felony: How the Charge Is Decided** The dividing line is whether the circumstances were "likely to produce great bodily harm or death." Prosecutors and, ultimately, judges and juries weigh factors like: - How serious the actual or potential harm was - Whether a weapon, vehicle, or dangerous environment was involved - The child's age and ability to protect themselves - Whether the endangerment was a single lapse or part of an ongoing pattern ## **Penalties Upon Conviction** Under subsection (a), the more serious wobbler version: - Up to one year in county jail, or state prison for two, four, or six years Under subsection (b), the misdemeanor version, the statute doesn't specify a separate penalty, so it falls under California's default misdemeanor sentence: up to six months in county jail, a fine of up to $1,000, or both. If probation is granted under either subsection, the law requires a mandatory minimum probation period of 48 months, a criminal protective order for the child's protection, and completion of a child abuser's treatment counseling program lasting at least one year. ## **Common Defenses** - The situation didn't actually create an unreasonable risk to the child, and the allegation is based on hindsight rather than the circumstances at the time - The conduct was accidental or the result of an isolated lapse in judgment, not willful or criminally negligent behavior - The allegation arose from a contested custody dispute and mischaracterizes ordinary parenting decisions - Someone else, not the defendant, had care or custody of the child at the relevant time - Insufficient evidence connecting the defendant's conduct to any actual danger the child faced ## **Related Offenses** PC 273a charges often arise out of the same incident as other domestic violence allegations: - [PC 273.5 - Corporal injury to a spouse or cohabitant](/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c), when the child witnessed or was near an act of domestic violence - [PC 243(e)(1) - Domestic battery](/penal-codes/pc-243-e-1--domestic-battery), when the underlying incident involved a household member ## **Frequently Asked Questions** ### Does my child have to be injured for me to be charged under PC 273a? No. The statute only requires that the child was placed in a situation where their health or safety could reasonably have been endangered. Actual injury isn't required, though it affects how the case is charged and resolved. ### Can I be charged if I wasn't the one who directly harmed the child? Yes. The statute covers people who "permit" a child to be endangered, which can include a parent or caregiver who knew about a dangerous situation and failed to act. ### Is PC 273a always a felony? No. It's a felony, or wobbler, only under subsection (a), where the circumstances were likely to produce great bodily harm or death. Less serious situations are charged as a misdemeanor under subsection (b). ### What does the mandatory 48-month probation period mean in practice? If a court grants probation instead of jail or prison time, the law requires that probation to last at least four years, along with a protective order and completion of a year-long counseling program. ### Can PC 273a charges come up during a divorce or custody battle? Yes, and this happens frequently. Because the statute covers a wide range of conduct, allegations sometimes surface in family court disputes. That doesn't make the allegation automatically true, but it does mean these cases require careful factual development. ## Related California penal codes - [PC 273.5 - Corporal injury to spouse or cohabitant](https://www.thehfirm.com/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c) - [PC 243(e)(1) - Domestic Battery](https://www.thehfirm.com/penal-codes/pc-243-e-1--domestic-battery) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.