California Penal Code § 273a is a state law that criminalizes actions or omissions that put a child in a dangerous situation. Child endangerment under this section does not necessarily require that a child be physically harmed—simply exposing them to an unreasonable risk of injury or suffering can be enough to trigger prosecution.
One of the most common ways this charge arises is in connection with DUI while a child is in the vehicle. Even if there’s no crash or injury, a parent or guardian can be charged with both DUI and child endangerment, with enhanced penalties that can include felony charges, jail time, and possible involvement from Child Protective Services (CPS).
This law is taken very seriously by California authorities, and those found guilty may face severe legal and personal consequences. Whether you’re dealing with a DUI arrest or any other allegation of placing a child in danger, understanding PC 273a is crucial. Here’s everything you need to know about this important legal statute.
What is California Penal Code § 273a PC?
Penal Code 273a makes it a crime to willfully expose a child to an unjustifiable risk of pain, suffering, or danger. It applies whether or not the child actually suffers injury. The law is designed to protect children from both physical and emotional harm in various forms.
Under this statute, a person can be charged if they:
Cause or permit a child to suffer unjustifiable physical pain or mental suffering;
Willfully cause or permit a child in their care or custody to be injured; or
Willfully cause or permit a child to be placed in a situation where their health is endangered.
This includes both active abuse and passive neglect.
Elements of the Crime
To secure a conviction under PC 273a, the prosecution must prove the following elements beyond a reasonable doubt:
The defendant had care or custody of a child, or their actions affected a child in some way.
The defendant willfully caused or permitted the child to be placed in a dangerous situation, or caused the child to suffer.
The risk involved was unreasonable or unjustifiable.
The defendant acted with criminal negligence or with conscious disregard for the child’s safety.
Misdemeanor vs. Felony Charges
PC 273a is known as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history.
Misdemeanor Child Endangerment
Usually charged when:
There was no risk of great bodily harm.
The child was not physically injured.
Penalties may include:
Up to 1 year in county jail.
A fine of up to $1,000.
Probation, often with mandatory parenting or child abuse counseling.
Felony Child Endangerment
Filed when:
The situation posed a high risk of death or serious injury.
The child suffered actual harm, or the behavior was particularly egregious.
Penalties can include:
2, 4, or 6 years in state prison.
A fine of up to $10,000.
Formal probation or parole.
Possible strike under California’s Three Strikes Law, if great bodily injury occurred.
Examples of Child Endangerment
Understanding how PC 273a is applied requires looking at real-world examples:
Leaving a young child in a hot car unattended.
Driving under the influence (DUI) with a child in the car.
Allowing a child to play with dangerous weapons or near hazardous substances.
Failing to seek medical care for a child with a serious condition.
Allowing a child to be around illegal drug activity (e.g., a meth lab at home).
Extreme corporal punishment that risks injury or causes trauma.
Defenses to Penal Code 273a Charges
There are several valid defenses to PC 273a charges. A skilled defense attorney may use one or more of these strategies:
1. No Criminal Negligence
It must be proven that the defendant acted in a reckless way. A momentary lapse in judgment may not rise to the level of criminal negligence.
2. False Accusation
Sometimes, individuals are falsely accused by ex-partners, disgruntled family members, or others. Witness testimony and lack of physical evidence can be challenged.
3. Injury Was Accidental
If the child was hurt in a genuine accident, and there was no negligence involved, the conduct may not meet the legal threshold for child endangerment.
4. Parental Right to Discipline
California law permits reasonable discipline by parents. A spank on the hand or time-out is generally not criminal, so long as it is not excessive or abusive.
Related Offenses
Several other California laws are commonly charged alongside or instead of PC 273a:
PC 270 – Child Neglect: Failing to provide necessities such as food, shelter, or medical care.
PC 273d – Child Abuse: Involves inflicting physical injury on a child.
PC 368 – Elder or Dependent Adult Abuse: Similar protections for elderly or dependent adults.
VC 23152(b) – DUI with a Minor Passenger: May enhance DUI penalties when a child is present.
Potential Long-Term Consequences
Aside from criminal penalties, a conviction for child endangerment can have lasting effects:
Loss of child custody or visitation rights.
Criminal record visible to employers and background checks.
Immigration consequences (e.g., deportation or inadmissibility for non-citizens).
Loss of professional licenses (e.g., teachers, nurses, therapists).
A child endangerment charge—even if ultimately dropped—can trigger an investigation by Child Protective Services (CPS).
Expungement and Record Clearing
If you were convicted of PC 273a as a misdemeanor, you may be eligible for expungement after completing probation and jail time. For felonies, expungement is possible if:
You did not serve time in state prison, and
You have completed all court requirements.
However, even with expungement, the charge may remain on your record for certain sensitive positions.
When to Contact an Attorney
If you or someone you know is being investigated or charged with child endangerment under California Penal Code 273a, it is critical to speak with a qualified criminal defense attorney as soon as possible.
A lawyer can:
Review the evidence.
Negotiate for reduced charges or alternative sentencing.
Represent you in court.
Protect your parental rights and future.
Conclusion
California Penal Code § 273a PC – Child Endangerment is a serious criminal offense meant to protect children from danger, abuse, and neglect. Whether intentional or negligent, placing a child in harm’s way can result in harsh legal consequences. However, not every accusation results in a conviction, and many defenses exist.
Being charged under California Penal Code § 273a for child endangerment, especially in connection with a DUI involving a child passenger, can be devastating. The state treats these cases with zero tolerance, and penalties can include jail time, loss of custody, and long-term damage to your record and reputation.
If you’re facing child endangerment charges, or were arrested for driving under the influence with a minor in the vehicle, you need experienced, aggressive legal representation immediately.
At Southwest Legal, our defense team has successfully handled cases involving DUI with minors in the vehicle, false or exaggerated accusations of endangerment. We understand the high stakes, and we’ll fight to protect your rights and your record.
Arrested for DUI with a Child Passenger? Contact us today for a free consultation.
