Child endangerment occurs when you put a child or children at risk of harm willfully or due to negligence. This behavior occurs when adults cause minor physical, emotional, or psychological harm. Penal Code 273a has been established to safeguard children's safety and well-being and hold responsible adults accountable for their care.

In response to concerns regarding child endangerment, child protective services and law enforcement agencies investigate these cases. Their primary goal is to ensure that the child involved is in a secure and safe environment. Any finding of wrongdoing on your part associated with child endangerment can lead to charges under Penal Code 273a. Should an individual be found guilty of child endangerment, the consequences can be severe, including potential jail time and fines. These penalties underscore the seriousness with which society aims to safeguard the welfare of children.

If you are under investigation or face charges related to child endangerment, consult the California Criminal Lawyer Group. Our Fresno team will guide you through your legal options. We will also represent you should the case proceed to trial.

Child Endangerment Under California Law

In California, child endangerment, as outlined in Penal Code 273a(a), focuses on acts that willfully expose minors under the age of 18 to situations that threaten their health and safety.

It is important to note that while child endangerment is commonly used interchangeably with child abuse, the two are distinct crimes. California's Penal Code 273d addresses child abuse. In contrast, child endangerment covers a broader set of behaviors or actions that place a child at risk of harm or danger. These actions can result from either intentional conduct or negligence by adults or caregivers.

Under PC 273d, child abuse pertains to more direct and specific criminal actions. It involves the deliberate infliction of physical injury or cruel punishment on a child, resulting in tangible harm or abuse directed at the child.

Prosecutors must meet the burden of proof for the jury to find you guilty. They must prove the following elements beyond a reasonable doubt:

One of the following actions must be true.

  • You willfully caused or allowed a child to endure unjustifiable physical, mental, or emotional suffering.
  • You willfully inflicted unjustifiable physical, mental, or emotional suffering on a child.
  • While responsible for a child's custody or care, you willfully caused or allowed harm to the child's health or person.
  • While responsible for a child's custody or care, you willfully caused or allowed the child to be in a situation endangering their health or person.

In addition to one of the elements above, prosecutors must show the following:

  • You acted with criminal negligence when you allowed the minor to suffer, be injured, or be in danger. Criminal negligence implies reckless disregard for the child's safety and well-being.
  • If you are the child's parent, your actions were not within the bounds of reasonable discipline. This element is crucial as it excludes a parent's legal right to discipline their child reasonably.

For a felony endangerment charge, an additional element that must be proven true is:

  • Your actions occurred under circumstances likely to result in significant bodily injury or death to the child. Your actions do not need to cause this harm or death directly. It suffices that they were likely to lead to these outcomes.

Let us look at each element closely.

  1. Acting Willfully

Legally, "acting willfully" or "acting intentionally" pinpoint a person's state of mind or intent behind their actions. These terms distinguish between different degrees of culpability or establish whether a person committed a particular act with a specific mindset.

When someone acts "willfully," they are purposefully and voluntarily undertaking an action, aiming to carry out a specific behavior or attain a particular outcome. This implies that the person knew their actions and intended the foreseeable consequences. It shows a conscious and deliberate decision to execute a specific action.

However, acting willfully does not necessarily imply an intention to violate the law or cause harm. Instead, it signifies a purposeful act that had the potential for harm.

On the other hand, "acting intentionally" implies that an individual not only acted purposefully but also specifically intended the consequences of their actions. It means he/she did not just mean to perform a particular act but also meant for specific results or harm to ensue directly from their actions.

Note: Under child endangerment laws, the primary focus is on willful action.

  1. Unjustifiable Mental Suffering or Physical Pain

Unjustifiable mental suffering or physical pain involves situations where pain or suffering falls into one of these categories:

  • Not reasonably necessary — Occurs when the inflicted pain or suffering is not reasonably required. In simpler terms, the actions causing pain or suffering lack legitimate justification or go beyond what is needed given the circumstances.
  • Excessive considering the situation — In this case, the pain or suffering is deemed excessive when evaluated within the context of the specific situation. Given the circumstances, this suggests that the pain or suffering resulting from specific actions is disproportionate or unwarranted.

  1. Criminal Negligence

Criminal negligence surpasses mere inattentiveness, carelessness, or errors in judgment. It involves a higher level of responsibility.

You are deemed to be acting with criminal negligence when:

  • You act recklessly, deviating from how a reasonably prudent person would behave in the same situation.
  • Your actions demonstrate an indifference to the potential consequences of your conduct or a disregard for human life.
  • A reasonable individual, placed in a similar position, would have recognized that behaving recklessly in this manner would likely lead to harm to others.

Put simply, criminal negligence is behavior that is so extraordinarily reckless or gross that it defies common sense. The criterion for determining criminal negligence depends on whether a "reasonable" person with similar circumstances would have engaged in similar conduct.

Note: Per California's Penal Code Section 270, parents or guardians have the legal right to opt for faith-based healing methods regarding their child's medical treatment.

If a child's health is severely compromised by a serious illness or the child faces a risk of death, California law obliges parents or guardians to seek conventional medical assistance. In critical situations where a child's life is in imminent jeopardy, relying solely on faith-based healing is inadequate.

Failing to provide essential medical care for a seriously ill child, mainly when such neglect can result in harm or even the loss of life, could lead to charges related to child endangerment or other related legal actions.

Great Bodily Injury

A great bodily injury is legally defined as a significant physical injury. This definition excludes minor, trivial, or even moderately severe injuries. The determination of whether an injury qualifies as a great bodily injury is made on a case-by-case basis by a jury.

The central issue is not whether the child suffered an injury but rather whether the child was exposed to a situation with a likelihood of this injury. This distinction underscores the focus on the circumstances surrounding the child's well-being and the potential risks they face.

If a child does experience great bodily harm, it increases the likelihood of the prosecutor pursuing felony charges, which carry more severe legal consequences. The decision to allege great bodily injury in a case varies depending on the specific circumstances and the prosecutor's discretion.

Evidence Prosecutors Rely on in Child Endangerment Cases

Prosecutors rely on the following pieces of evidence to establish your culpability:

  1. The Child’s Physical Condition

The child's physical condition plays a pivotal role in child endangerment cases, and expert testimony is essential for its thorough examination. Expert witnesses, frequently comprising medical professionals or forensic specialists, provide invaluable contributions in two critical areas:

Experts assess the child's injuries and offer professional opinions regarding their likelihood of occurring as described by the defendant or caregiver. They scrutinize whether specific injuries align with accidental causes or suggest intentional harm or neglect. These witnesses testify about the likelihood or unlikelihood of specific injuries occurring within the presented circumstances. Their expertise equips the court with a statistical understanding of whether injuries are more likely to be accidental or indicative of abuse or endangerment.

Additionally, when a child exhibits severe malnourishment or serious illness, visible injuries, behavioral alterations, and a lack of medical care, this constellation of evidence forms a compelling case of neglect, potentially amounting to child endangerment. Expert testimony is indispensable in unraveling these cases' complexities. It ensures a comprehensive evaluation of the child's condition and aids the court in making well-informed decisions concerning the child's welfare and the accountability of those implicated.

  1. Medical Records

Medical records are pivotal in child endangerment cases, especially when a child has suffered physical harm or injury. These records offer a neutral and expert account of the child's medical condition, the treatment administered, and the origins of their injuries.

Within these records, significant indicators surface, potentially signaling endangerment. For instance, records could reveal cases where a parent or caregiver provided improbable explanations for the child's injuries or exhibited indifference to the child's welfare. Specific injuries, for example, burns, welts, or bruises in sensitive areas, can trigger concerns and suggest possible abuse or neglect.

Furthermore, medical records often document interactions with authorities, shedding light on the involvement of law enforcement or child protective services. In some instances, these records indicate that authorities were alerted to the situation but refrained from immediate action due to insufficient evidence. Nevertheless, suspicions could persist, not only regarding the accused but also concerning other individuals responsible for the child's care.

  1. Living Conditions

An unsafe home environment, marked by hazards like exposed electrical wiring, broken stairs, or a lack of childproofing measures, can suggest caregiver negligence. These hazards directly imperil the child's safety. Moreover, if dangerous items like firearms, toxic chemicals, or drugs are easily accessible due to inadequate storage or supervision, it intensifies concerns regarding the child's safety.

The cleanliness and overall hygiene of the home serve as indicators of a caregiver's ability to provide a safe and healthy living space. Severe neglect or unsanitary conditions raise red flags. Furthermore, a home devoid of fundamental necessities like food, clean water, heating, or suitable sleeping arrangements could indicate neglect, significantly contributing to the child's overall jeopardy.

Evidence of physical or emotional abuse within the home, including signs of violence or aggressive behavior, constitutes compelling indicators of child endangerment. Extreme living conditions, for example, overcrowding or inadequate clothing, also impact the child's health and safety.

Defenses You Can Use to Challenge the Child Endangerment Allegations

You can use one of several defenses to challenge a child endangerment case. The choice of a particular defense strategy hinges on the case's unique facts and the context of the alleged offense. Below are several common defenses often employed in child endangerment cases:

  1. No Willful Action

Prosecutors must establish that you acted either willfully or with criminal negligence. Asserting that no willful action relies on your lack of intent or negligence

You could have a valid defense if you lacked the intent to harm the child or if the child's injury resulted from an accident.

In cases involving accidents, it is crucial to demonstrate that your actions did not trigger a chain of events leading to the injury. For example, leaving a loaded gun in an open, easily accessible location would not qualify as an accident defense.

Similarly, suppose your child was injured while you were conversing with another parent on a playground. In that case, it can be argued that you did not willfully cause or permit your child to suffer unjustifiable harm.

  1. You Were Falsely Accused

Child endangerment cases can occasionally stem from false accusations. These allegations arise from various factors, including instances where a child is manipulated by another parent or driven by anger, particularly during divorce proceedings or when a new partner becomes involved. There are also situations where a child's caregiver resorts to false accusations to hide their abusive behavior.

Irrespective of the underlying cause, the result often remains consistent. Law enforcement agencies prioritize the safety of children and could initiate arrests based on accusations alone, aiming to avoid the potential neglect of a child's safety.

When facing accusations of child endangerment, we initiate the investigative process by interviewing all potential witnesses present during the incident. Beyond that, we extend our inquiries to individuals within your social network. We aim to find evidence that reinforces your responsible parent or caregiver role. Depending on the specific allegations, we delve into the backgrounds of individuals who share responsibility, scrutinizing criminal records, employment or school records, and any pertinent documentation.

Furthermore, our investigative scope extends to meticulously examining social media accounts belonging to the child and other involved parties. Our proficient team of investigators and legal experts leaves no stone unturned in our relentless pursuit of exculpatory evidence that can bolster your defense.

  1. You Reasonably Disciplined Your Child

Parents have the right to discipline their children within reasonable bounds. However, the interpretation of "reasonable" discipline can vary. It is contingent upon cultural norms, local standards, and legal frameworks. In principle, reasonable discipline guides a child's conduct, instills moral values, and fosters appropriate behavior without subjecting them to undue physical or emotional distress that surpasses the necessity for practical guidance and education.

In circumstances where child endangerment or child abuse charges are brought forth, you can present a defense centered on the notion that your actions constituted reasonable discipline. Nonetheless, determining whether your disciplinary actions are appropriate depends on various factors. They include:

  • The specific context of the situation, and
  • Prevailing cultural norms.

For example, some could view practices like spanking as reasonable, while others might perceive them as excessive or abusive.

Courts typically factor in the gravity of the disciplinary actions, the child's age and physical stature, the nature of the conduct being addressed, and additional pertinent considerations when adjudicating whether the discipline adhered to the parameters of reason or crossed into child endangerment or abuse territory.

  1. Mistake of Fact

A mistake of fact occurs when a person genuinely believes a particular set of facts to be true, but those beliefs are incorrect. Sometimes, a mistake of fact can negate the mental state required for a criminal offense.

For instance, if you believed, in good faith, that your child was not in danger or that your actions were not placing them at risk, this mistaken belief might serve as a defense. However, the key is that the mistake must be genuinely reasonable, not the result of negligence.

This problem is compounded by California's mandatory reporting law, which requires professionals such as doctors, teachers, and clergy to report suspected child endangerment to the authorities. Failure to do so can result in misdemeanor charges and potential jail time. These professionals are under tremendous pressure to report even the slightest suspicion of child endangerment to ensure the safety and well-being of the child. Therefore, if their reporting was based on a genuine but mistaken belief, it can be a critical factor in your defense against child endangerment accusations.

Penalties You Could Face if Convicted of Child Endangerment

The penalties for child endangerment vary, with the potential of facing felony penalties if the child suffered or was exposed to a risk of sustaining a great bodily injury or suffering death.

Should you face misdemeanor charges, a conviction will result in the following penalties:

  • Summary or misdemeanor probation for a minimum of four years.
  • A maximum of six months in jail.
  • A maximum fine of $1,000.

When there is a risk of great bodily injury or death, you can face misdemeanor or felony charges. Prosecutors will likely pursue felony charges, depending on the facts of the case and your criminal past. Should you face felony charges, a conviction will result in the following penalties:

  • Formal or felony probation for a minimum of four years.
  • 2, 4, or 6 months in prison.
  • A maximum fine of $10,000.

Note: Probation is an alternative to imprisonment.

Great Bodily Harm Enhancement

In addition to the previously mentioned felony penalties, a significant aspect known as a "sentencing enhancement" features if the child sustains severe harm due to criminal negligence. This enhancement translates to an extra term in prison.

If you were directly responsible for causing great bodily injury to the victim, you could potentially face an additional consecutive term. This extra duration could be 3 to 6 years. It depends on factors like the victim's age and the severity of their injuries.

If the child tragically loses their life due to your criminal negligence, you could serve an additional consecutive term of 4 years in prison. The district attorney could also opt to pursue second-degree murder or manslaughter charges.

A Strike on Your Record

In California, a felony conviction can result in a "strike" added to your criminal record, as governed by the state's Three Strikes Law. This law imposes increasingly severe penalties on individuals with multiple serious or violent felony convictions.

The likelihood of receiving a strike is higher if the child suffers great bodily injury due to the endangerment.

Should you already have one strike on your criminal record and subsequently face charges for any felony, you will be categorized as a "second striker." In these circumstances, the sentence for the later felony crime will be twice as long as it would typically be.

Accumulating two strikes on your record and being convicted of a third felony categorizes you as a "third striker." Under the Three Strikes Law, third strikers face a mandatory minimum sentence of 25 years to life in prison.

Contact a Criminal Defense Attorney Near Me

If you are being investigated or charged with PC 273a child endangerment, we urge you to contact our experienced Fresno criminal defense lawyers at California Criminal Lawyer Group. An initial consultation with our team can offer essential clarity regarding your case, safeguard your rights, and provide support to navigate this complex legal challenge. Don't hesitate to seek professional assistance during this crucial period.

Our law firm's prompt action in the initial phases of your case can substantially influence its final result. Contact us today at 559-712-8377 for further assistance.