Child Endangerment PC 273a(b) (Penal Code § 273a(b))
Crime: Child Endangerment
Code Section: Penal Code 273a(b) (click here to view the statute)
Related CALCRIM: 823
PC 273a(b) Brief Summary:
Penal Code 273a(b) addresses less serious situations where a person either endangers the safety of a child or inflicts, causes, or permits unjustifiable pain or mental suffering to a child. While not as serious as Penal Code 273a(a), this is still a serious charge with potentially serious consequences. This charge is filed whenever the safety or well-being of a child is endangered. When parents or guardians of a child are convicted of this crime, the potential consequences may be more serious in that a conviction could jeopardize their child custody rights.
PC 273a(b) Elements:
To prove someone guilty of this crime, the government must prove:
- The defendant either inflicted, permitted, or placed a child in danger of unjustifiable physical pain or mental suffering;
- When the defendant injured or endangered the child it was not a result of reasonable child discipline.
PC 273a(b) Punishment:
Penal Code 273a(b) is punishable only as a misdemeanor 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(b) 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 general, there are no other lesser included offenses for Penal Code 273a(b).
PC 273a(b) Related Charges:
- Penal Code 273a(a)-Child Abuse
- Penal Code 273d(a)-Inflicting Physical Punishment On A Child
- Penal Code 273.5(a)-Domestic Violence
Charged with domestic violence?