(a)Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars ($6,000), or by both
that imprisonment and fine.
(b)Any person who is found guilty of violating subdivision (a) shall receive a four-year enhancement for a prior conviction of that offense provided that no additional term shall be imposed under this subdivision for any prison term or term imposed under the provisions of subdivision (h) of Section 1170 served prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction and prison custody or custody in a county jail under the provisions of subdivision (h) of Section 1170.
(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 36 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. 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
Aurora Olea-Serefina v. Merrick Garland, 34 F.4th 856 (9th Cir. 2022).
· cites it 9× “GARLAND SUMMARY *** Immigration Denying in part and dismissing in part Zerefina Aurora Olea Daza’s petition for review of a decision of the Board of Immigration Appeals, the panel held that Olea’s conviction for corporal injury upon a child, in violation of California Penal Code…”
Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney Gen., 468 F.3d 1159 (9th Cir. 2006).
· cites it 2× “1969) (emphasis added) (quoting California Penal Code § 273d). In Guerrero de Nodahl, we observed that inflicting such injury upon a child “is so offensive to American ethics that the fact that it was done purposely or willingly .”
Humphries v. Cnty. of Los Angeles, 554 F.3d 1170 (9th Cir. 2009).
“The Criminal Case On April 18, 2001, Detective Wilson filed a complaint in the Los Angeles County *1181 Superior Court, charging the Humphries with corporal injury to a child, Cal. Penal Code § 273d(a), and cruelty to a child by endangering health, id.”
Gonzalez v. Santa Clara Cnty. Dep't of Soc. Servs., 223 Cal. App. 4th 72 (Cal. Ct. App. 2014).
“) These definitions have been borrowed almost verbatim from the statutes defining two forms of criminal child abuse. Penal Code section 273a makes it a crime to “willfully cause[] or permit[] any child to suffer, or inflict[] thereon unjustifiable physical pain or mental…”
People v. Atkins, 53 Cal. App. 3d 348 (Cal. Ct. App. 1975).
· cites it 3× “Code, § 187) and with inflicting corporal punishment or injury on a child (Pen. Code, § 273d), and which charged defendant Atkins with manslaughter (Pen.”
In Re Miguel E., 15 Cal. Rptr. 3d 530 (Cal. Ct. App. 2004).
“) In 1998, the aunt received probation after pleading guilty to felony infliction of corporal injury on her son (Pen.Code, § 273d). The girls were removed from the aunt's care pursuant to a section 387 petition.”
O'HARE v. Superior Court, 729 P.2d 766 (Cal. 1987).
· cites it 2× “Code, § 207), assault by means of force likely to produce great bodily injury (Pen. Code, §§ 273d), wilful cruelty to a child (Pen.”
People v. Thomas, 65 Cal. App. 3d 854 (Cal. Ct. App. 1976).
· cites it 2× “(Pen. Code, § 273d.) In a nonjury trial defendant was *856 convicted of violating Penal Code section 273d and acquitted of the assault charge.”
People v. Burns, 200 P.2d 134 (Cal. Ct. App. 1948).
· cites it 2× “Penal Code, section 273d, so far as pertinent, provides: "Any husband who wilfully inflicts upon his wife corporal injury resulting in a traumatic condition, but not constituting a felonious assault or attempted murder, .”
People v. Shockley, 79 Cal. App. 3d 669 (Cal. Ct. App. 1978).
· cites it 2× “(1)), and inflicting cruel and inhuman corporal punishment on Timothy between August 1, 1975 and November 18, 1975 (count five; Pen. Code, § 273d). The court granted the motion to sever counts four and five which dealt with Timothy alone and occurred over a year later.”
Donley v. Davi, 180 Cal. App. 4th 447 (Cal. Ct. App. 2009).
“2d 570 ] [Pen. Code, § 273d (corporal punishment of child resulting in trauma)]; People v.”
— Cal. Penal Code § 273d(a) — 5 cases
Aurora Olea-Serefina v. Merrick Garland, 34 F.4th 856 (9th Cir. 2022).
“GARLAND SUMMARY *** Immigration Denying in part and dismissing in part Zerefina Aurora Olea Daza’s petition for review of a decision of the Board of Immigration Appeals, the panel held that Olea’s conviction for corporal injury upon a child, in violation of California Penal Code…”
Humphries v. Cnty. of Los Angeles, 554 F.3d 1170 (9th Cir. 2009).
“The Criminal Case On April 18, 2001, Detective Wilson filed a complaint in the Los Angeles County *1181 Superior Court, charging the Humphries with corporal injury to a child, Cal. Penal Code § 273d(a), and cruelty to a child by endangering health, id.”
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