California Penal Code §273a — Child Endangerment
PC §273a punishes willfully causing or permitting a child to suffer, or to be placed in a situation endangering health. A wobbler — felony §273a(a) carries 2, 4, or 6 years state prison; misdemeanor §273a(b) carries up to 1 year in county jail.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Child Endangerment Cases in All LA County Courts
01 — Quick Facts
PC §273a — Child Endangerment at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §273a — Child Endangerment |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (Misdemeanor or Felony) |
| Felony §273a(a) | 2, 4, or 6 years state prison — requires likely GBI or death |
| Misdemeanor §273a(b) | Up to 1 year county jail |
| Strike | No — but GBI enhancement under PC §12022.7 can add 3 years |
| Probation | Available; child-abuse counseling under PC §273a(c) is common |
| Immigration | CIMT and potential aggravated felony under 8 USC §1101(a)(43)(F) |
| CPS | Automatic PC §11166 mandated reporter referral to DCFS |
| Related Codes | PC §273d (Corporal Injury on Child), PC §270 (Non-Support), WIC §300 (Dependency) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §273a?
What Is California Penal Code §273a?
PC §273a Reads:
"Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished…"
— California Penal Code §273a(a)
California Penal Code §273a criminalizes conduct that endangers a child — either by direct action, by permission, or by failure to protect. It is one of the most over-charged statutes in California because the language sweeps in accidents, single-parent judgment calls, and third-party conduct the caregiver failed to prevent. The difference between the felony and misdemeanor tier is whether the circumstances were 'likely to produce great bodily harm or death.'
Direct-Infliction vs Permissive-Neglect Theories
The prosecution can proceed on two entirely different theories under §273a. Direct-infliction requires an affirmative act — hitting, shaking, burning. Permissive-neglect requires custody plus a failure to protect. The mens rea also splits: direct-infliction is general intent, while permissive-neglect requires criminal negligence.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §273a
The elements track the four alternative theories set out in §273a(a).
Willful Act or Permission
Defendant willfully caused, permitted, or inflicted the endangering conduct.
Child Under 18
The victim was under 18 years of age at the time.
Circumstances Likely to Produce GBI or Death (felony tier)
For §273a(a), the endangerment occurred in circumstances objectively likely to produce great bodily harm or death.
Criminal Negligence (permissive-neglect variant)
Under a failure-to-protect theory, defendant acted with criminal negligence — a gross deviation from the reasonable-caregiver standard.
04 — Penalties
Penalties for PC §273a Child Endangerment in California
§273a(a) felony is served in state prison under PC §1170(h)(3); §273a(b) misdemeanor is county-jail only.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §273a(a) Felony Child Endangerment | PC §273a(a) | 2, 4, or 6 years state prison | Available with §273a(c) counseling | No |
| §273a(b) Misdemeanor Child Endangerment | PC §273a(b) | Up to 1 year county jail | Available | No |
Sentencing Enhancements
Great Bodily Injury
PC §12022.7
+3 years for GBI inflicted on the child; +5 years if the child was under 5.
Death of the Child
PC §12022.95
+4 years consecutive where the child dies as a result of the endangerment.
Prior §273a Conviction
PC §273.5(f)
Mandatory probation-denial factors on any repeat filing.
Additional Consequences Beyond Prison
- Automatic DCFS/CPS dependency referral under WIC §300
- Loss of child custody in family-law parallel proceedings
- Loss of teaching, childcare, and nursing licenses
- Firearm ban on any felony conviction (PC §29800)
- Immigration: CIMT and possible aggravated felony
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §273a Child Endangerment Charges
§273a defenses attack willfulness, causation, and the felony-tier likelihood-of-GBI element.
Accident
Under CALCRIM 3404, an accident with no criminal negligence is a complete defense.
CALCRIM 3404
No GBI Likelihood
Pediatric and child-safety expert testimony that the circumstances were not likely to produce GBI reduces §273a(a) to §273a(b) misdemeanor.
Reasonable Discipline
Reasonable parental discipline is not §273a. People v. Whitehurst frames the reasonableness inquiry.
Whitehurst
Third-Party Actor
Where a co-parent, sibling, or third party caused the injury and defendant lacked custody-based knowledge, permissive-neglect fails.
Identity
Constitutional Sources
07 — Court Process
How PC §273a Child Endangerment Cases Move Through Los Angeles Courts
§273a filings move through both the criminal court and a parallel WIC §300 dependency proceeding.
- 1
Step 1 — CPS/DCFS Investigation
Mandated reporter or law-enforcement referral triggers a parallel dependency investigation.
- 2
Step 2 — Filing Decision
DA elects felony §273a(a) or misdemeanor §273a(b) based on GBI-likelihood analysis.
- 3
Step 3 — Arraignment
Bail typically OR-eligible for §273a(b); moderate for §273a(a) without prior history.
- 4
Step 4 — Preliminary Hearing
Pediatric expert and child-safety expert testimony often surface here.
- 5
Step 5 — PC §17(b) Reduction Motion
Post-preliminary reduction from felony to misdemeanor is a routine defense objective.
- 6
Step 6 — Trial or Plea
Trial focuses on willfulness and GBI-likelihood; pleas negotiate to §273a(b) misdemeanor with §273a(c) counseling.
- 7
Step 7 — Sentencing
PC §273a(c) mandates a child-abuse treatment program on any grant of probation.
Los Angeles Courts That Handle PC §273a Child Endangerment Cases
§273a is heard in the criminal court nearest the family residence.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Child Endangerment Defense Attorney
Daniel S. Rubin has defended clients charged with child endangerment and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §273a in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Child Endangerment Cases Throughout LA County
09 — FAQs
PC §273a Child Endangerment Questions — Los Angeles
What is PC §273a?
California's child-endangerment statute — willfully causing or permitting a child to suffer or be placed in danger.
Is §273a a strike?
No, but the PC §12022.7 GBI enhancement can be added.
Can felony §273a(a) be reduced?
Yes — by PC §17(b) motion after a successful grant of probation, or at plea.
Will CPS get involved?
Yes — any §273a filing triggers a parallel WIC §300 dependency investigation.
Available 24/7 — Free Consultation
Charged With PC §273a in Los Angeles?
Rubin Law, P.C. defends child-endangerment cases across every LA County courthouse and the parallel CPS/DCFS dependency proceeding. Call (213) 723-2337.