Domestic Violence Crimes

Crime: Child Abuse Likely To Produce Great Bodily Injury Or Death

Code Section: Penal Code 273a(a) (click here to view the statute)

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273a.&lawCode=PEN

Related CALCRIM: 821

PC 273a(a) Brief Summary:

Penal Code 273a(a) addresses situations where a person either endangers the safety of a child or inflicts, causes, or permits unjustifiable pain or mental suffering to a child under circumstances likely to cause death or great bodily injury. This is a serious charge with serious consequences. It is sometimes filed in connection with domestic violence cases, but it can be filed in connection with almost any crime, or by itself, when the safety or well-being of a child is seriously endangered. For parents of child charged with this charge, a conviction could be even more serious in that it may jeopardize your child custody rights.

PC 273a(a) Elements:

To prove someone guilty of this crime, the government must prove:

1. The defendant either inflicted, permitted, or placed a child in danger of unjustifiable physical pain or mental suffering under circumstances likely to produce death or great bodily injury;
2. When the defendant injured or endangered the child it was not a result of reasonable child discipline.

PC 273a(a) Punishment:

Penal Code 273a(a) is punishable as either a felony or as a misdemeanor. Felony exposure for Penal Code 273a(a) is two, four, or six years in prison. As a misdemeanor, Penal Code 273a(a) is punishable with up to a year in county jail. Probation can be granted for this offense if the defendant is not sentenced to prison, but if probation is granted for this charge, probation must be for a minimum of four years, a protective order protecting the child must be issued, and the person convicted is required to take a year-long parenting course, absent a special finding by the judge. Other fines, fees, and possible probation terms could be applied.

PC 273a(a) Lesser Included Offenses:

A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In addition to attempted child abuse, the following are lesser included offenses for Penal Code 273a(a):

• Penal Code 273a(b)-Child Endangerment

PC 273a(a) Related Charges:

• Penal Code 273a(b)-Child Endangerment
• Penal Code 273d(a)-Inflicting Physical Punishment On A Child
• Penal Code 273.5(a)-Domestic Violence