California Penal Code 273a – Child Endangerment 

Overview 

California Penal Code 273a PC makes it a crime to cause or allow a child to suffer unjustifiable physical pain or mental suffering, or to place a child in a situation where their health or safety is endangered. It’s a charge that can arise from direct abuse, neglect, or simply being in the wrong place at the wrong time. 

Child endangerment is often overcharged or misunderstood—especially in custody disputes, domestic incidents, or accidents. At Jones Trial Attorneys, we investigate thoroughly, act quickly, and fight to protect both your parental rights and your criminal record. 

Legal Definition 

Penal Code § 273a applies when someone: 

“Willfully causes or permits a child to suffer, or inflicts unjustifiable physical pain or mental suffering, or having care or custody of any child, willfully causes or permits that child to be placed in a situation where his or her person or health is endangered.” 

There are two forms of child endangerment: 

• Misdemeanor – When no risk of great bodily injury is present 

• Felony – When the child is placed in danger of great bodily harm or death 

Elements of the Crime 

To convict someone under PC 273a, the prosecution must prove: 

1. The defendant willfully caused or allowed a child to suffer or be endangered; 

2. The act was unjustifiable or dangerous; 

3. The child was under the age of 18; 

4. The defendant was either a caregiver or in a position to prevent the harm. 

Intent to harm the child is not required—only intent to do the act that led to endangerment. 

Penalties for Child Endangerment 

Misdemeanor PC 273a 

• Up to 1 year in county jail 

• Summary probation 

• Parenting or anger management classes 

• Protective orders or custody restrictions 

Felony PC 273a (risk of great bodily injury or death) 

• 2, 4, or 6 years in state prison 

• Formal probation (if granted) 

• Strike under the Three Strikes Law (if actual injury occurs) 

• CPS involvement or loss of parental rights 

Sentence enhancements may apply if the child was actually injured, or if alcohol or drugs were involved. 

Defenses to PC 273a Charges 

We’ve successfully defended parents, caregivers, and guardians accused of child endangerment. Common defenses include: 

• No actual danger – The situation wasn’t likely to cause harm 

• False or exaggerated report – Common in family law or custody disputes 

• Accident or lack of willful conduct – You didn’t intend for the child to be harmed 

• Disciplinary privilege – Reasonable parental discipline is protected under law 

• Lack of knowledge – You didn’t know the child was exposed to danger 

We also advocate for early diversion or parenting-focused resolutions in cases involving low risk and no injury. 

Immigration and Employment Consequences 

A conviction under PC 273a can affect: 

• Immigration status – Especially if charged as a felony or strike 

• Child custody or visitation rights 

• State licensing or employment in education, healthcare, or childcare 

We design a defense strategy that protects not just your freedom—but your ability to raise your child and earn a living. 

Related Offenses 

• PC 273d – Child Abuse 

Involves physical punishment or injury to a child 

• PC 242 – Battery 

May be charged if physical contact occurred 

• WIC 300 – Juvenile Dependency Action 

Triggered by child endangerment or neglect allegations 

How Jones Trial Attorneys Can Help 

Being accused of child endangerment is devastating—and can affect every part of your life. We fight hard to keep families together and criminal records clean, whether through dismissal, diversion, or strategic trial defense. 

💼 Free consultations 

⚖️ Trial-tested representation 

📍 Local San Diego firm with deep courtroom experience 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.