(a)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.
(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 a misdemeanor.
(c)If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:
(1)A mandatory minimum period of probation of 48 months.
(2)A
criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
(3)(A)Successful completion of no less than one year of a child abuser’s treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.
(B)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of
Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
(4)If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.
(5)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. The court shall state on the record its reasons for any waiver.
Notes of Decisions
Cited in
451
cases (
125 in the last 5 years), 1960–2026 · leading case:
People v. Sargent, 970 P.2d 409 (Cal. 1999).
People v. Sargent, 970 P.2d 409 (Cal. 1999).
· cites it 33× “lfully 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…”
Marcelo Martinez-Cedillo v. Jefferson Sessions, 896 F.3d 979 (9th Cir. 2018).
· cites it 33× “There, Fregozo, a permanent resident, pleaded guilty to child endangerment under California Penal Code section 273a, subsection (b), after he drove drunk with his wife and two children in the car.”
Fregozo v. Holder, 576 F.3d 1030 (9th Cir. 2009).
· cites it 14× “In other words, unlike the analogous felony provision, California Penal Code section 273a(a), 5 the misde *1038 meanor provision does not require that the perpetrator actually endanger the health or safety of the child at all — the misdemeanor provision applies where the child’s…”
Kirstin Johnson v. Kierstie Barr, 79 F.4th 996 (9th Cir. 2023).
· cites it 4× “The facts supported the defendants’ assertion that no clearly established law prevented the officers from believing Johnson was in violation of either California Penal Code § 647(f), prohibiting public intoxication, or California Penal Code § 273a, prohibiting child endangerment.”
Corales v. Bennett, 567 F.3d 554 (9th Cir. 2009).
· cites it 2× “” But as noted above, Bennett’s lecture to the students regarding the legal consequences of their actions does not constitute a “true threat” or corporal punishment.”
People v. Lee, 91 Cal. Daily Op. Serv. 7977 (Cal. Ct. App. 1991).
· cites it 8× “Code, § 187), and count II, child endangerment (Pen. Code, § 273a, subd. (1)). On May 3, 1989, appellants were arraigned and pleaded not guilty.”
People v. Superior Court (Ghilotti), 44 P.3d 949 (Cal. 2002).
· cites it 2× “likely to produce great bodily harm or death'" (Pen.Code, § 273a, subd. (a)) is "`intended to protect a child from an abusive situation in which the probability of serious injury is great.”
People v. Jones, 792 P.2d 643 (Cal. 1990).
· cites it 2× “[2] For example, Penal Code section 273a, subdivision (1), which defines the crime of child abuse, makes punishable: "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…”
San Diego Cnty. Dep't of Soc. Servs. v. Kelly D., 215 Cal. App. 3d 889 (Cal. Ct. App. 1989).
· cites it 4× “) [6] To enable juvenile courts to protect drug-exposed infants and to compel parents to undergo drug rehabilitation therapy and to afford child protection services to the family, courts must be able to assert jurisdiction over infants born at risk because of prenatal exposure…”
— Cal. Penal Code § 273a(1) — 1 case
— Cal. Penal Code § 273a(a) — 40 cases
Marcelo Martinez-Cedillo v. Jefferson Sessions, 896 F.3d 979 (9th Cir. 2018).
“There, Fregozo, a permanent resident, pleaded guilty to child endangerment under California Penal Code section 273a, subsection (b), after he drove drunk with his wife and two children in the car.”
Corales v. Bennett, 567 F.3d 554 (9th Cir. 2009).
“” But as noted above, Bennett’s lecture to the students regarding the legal consequences of their actions does not constitute a “true threat” or corporal punishment.”
Fregozo v. Holder, 576 F.3d 1030 (9th Cir. 2009).
“In other words, unlike the analogous felony provision, California Penal Code section 273a(a), 5 the misde *1038 meanor provision does not require that the perpetrator actually endanger the health or safety of the child at all — the misdemeanor provision applies where the child’s…”
— Cal. Penal Code § 273a(b) — 17 cases
Fregozo v. Holder, 576 F.3d 1030 (9th Cir. 2009).
“In other words, unlike the analogous felony provision, California Penal Code section 273a(a), 5 the misde *1038 meanor provision does not require that the perpetrator actually endanger the health or safety of the child at all — the misdemeanor provision applies where the child’s…”
Marcelo Martinez-Cedillo v. Jefferson Sessions, 896 F.3d 979 (9th Cir. 2018).
“There, Fregozo, a permanent resident, pleaded guilty to child endangerment under California Penal Code section 273a, subsection (b), after he drove drunk with his wife and two children in the car.”
— Cal. Penal Code § 273a(l) — 2 cases
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