California Penal Code §273g — Lewdness or Intoxication in the Presence of a Child
PC §273g makes it a misdemeanor for any person having the care or custody of a minor child to engage in habitual drunkenness, or in any degrading, lewd, immoral, or vicious habits, or in any public indecency, or to willfully permit any such conduct, in the presence of the child. Exposure is up to 6 months in county jail and a $500 fine. §273g is a lower-tier companion to §273a child endangerment and is often filed in DCFS-referral cases involving parental substance abuse or lewd conduct in the home.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Lewdness or Intoxication in the Presence of a Child Cases in All LA County Courts
01 — Quick Facts
PC §273g — Lewdness or Intoxication in the Presence of a Child at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §273g — Lewdness or Intoxication in the Presence of a Child |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail + $500 fine |
| Category | Crimes Against Children |
| Probation | Case-specific — see penalties section |
| Strike | See penalties table |
| Expungeable | See defense analysis |
| Immigration | Consult immigration counsel — case-specific |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §273g?
What Is California Penal Code §273g?
PC §273g Reads:
"Any person who in the presence of any minor child engages in any degrading, lewd, immoral, or vicious habits or practices, or who is habitually drunk in the presence of any minor child in his or her care, custody, or control, is guilty of a misdemeanor."
— California Penal Code §273g
PC §273g is a status-based misdemeanor: it criminalizes what the parent or custodian does in the child's presence, not what the child sees. The statute has three prongs: (1) habitual drunkenness, (2) degrading/lewd/immoral/vicious habits, and (3) public indecency — each in the presence of a minor in the defendant's care. It is charged most often as a companion to §273a child endangerment where the People cannot prove great-bodily-injury exposure but can prove ongoing exposure of the child to intoxication or lewd conduct.
Why This Law Matters
§273g is a misdemeanor with modest jail exposure, but the conviction triggers DCFS involvement, dependency-court petitions under Welf. & Inst. Code §300, and — for divorced or separated parents — family-court custody consequences. For non-citizens, §273g is not per se a CIMT but pairs with §273a companion counts that may be. Rubin Law defends §273g by attacking the habitual element, contesting custody at the time of the conduct, and negotiating informal or judicial diversion under §1001.95.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §273g
The People must prove each element beyond a reasonable doubt.
Defendant Had Care, Custody, or Control of a Minor Child
Parents, guardians, step-parents, and adult caregivers all qualify. Casual visitors do not.
Conduct Was Habitual Drunkenness OR Lewd/Immoral Habits OR Public Indecency
The three prongs are disjunctive. 'Habitual' requires more than a single incident.
Conduct Occurred in the Presence of the Child
The child must have been physically present — able to observe the conduct.
Willful Act or Willful Permission
The defendant must have willfully engaged in or willfully permitted the conduct. Involuntary intoxication or accidental exposure defeats willfulness.
04 — Penalties
Penalties for PC §273g Lewdness or Intoxication in the Presence of a Child in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §273g Misdemeanor | PC §273g | Up to 6 months county jail + $500 fine | Summary — up to 3 years | No |
| Judicial Diversion (§1001.95) | PC §1001.95 | None — case dismissed on successful completion | Diversion program | No |
Related Enhancements & Charges
Companion PC §273a Child Endangerment
PC §273a
The wobbler companion — when GBI risk alleged, prosecution escalates to §273a with 2/4/6-year felony exposure.
DCFS / Dependency Referral
Welf. & Inst. Code §300
§273g filings routinely trigger DCFS investigations and dependency-court proceedings.
Companion §647(f) Public Intoxication
PC §647(f)
Where the intoxication occurred outside the home, §647(f) is added.
Beyond the Sentence
- DCFS investigation and potential Welf. & Inst. §300 dependency petition
- Family-court custody and visitation consequences — moving-away and best-interest analysis
- Loss of professional-licensing eligibility (nursing, teaching, childcare)
- Housing consequences under some HUD subsidized-housing programs
- Immigration exposure when paired with §273a — CIMT analysis case-specific
- Employment consequences for jobs involving children
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §273g Lewdness or Intoxication in the Presence of a Child Charges
Rubin Law, P.C. defends this offense through the following strategies.
No Habitual Pattern
The statute requires 'habitual' drunkenness or an ongoing pattern. Single-incident intoxication is legally insufficient — a common charging defect.
§273g
Child Not Present or Not Aware
Sleeping child in a separate room, infant asleep, or child absent at the time defeats the presence element. Rubin Law reconstructs the household timeline.
Presence Element
Involuntary Intoxication / Medication
Prescription-medication reactions, involuntary intoxication, or medically-supervised substance use defeats willfulness.
PC §26
No Care-Custody Relationship
Non-custodial parents, transient visitors, and non-caregiver adults are outside the statute.
Care/Custody
Judicial Diversion (§1001.95)
As a non-violent misdemeanor, §273g qualifies for §1001.95 judicial diversion — successful completion results in dismissal without conviction.
Attack DCFS-Generated Statements
DCFS interviews are frequently uncounseled and non-Mirandized. Statement suppression under §1538.5 and Miranda often gut the People's case.
Miranda / §1538.5
Constitutional Sources
07 — Court Process
How PC §273g Lewdness or Intoxication in the Presence of a Child Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — DCFS Report / Investigation
§273g cases usually originate from DCFS referrals, school reports, or emergency-response calls. Do not speak with DCFS without counsel.
- 2
Step 2 — Filing / Arraignment
Misdemeanor filed in the local courthouse. §1001.95 diversion eligibility discussed at arraignment.
- 3
Step 3 — Discovery
DCFS records, medical records, breathalyzer results, and witness statements.
- 4
Step 4 — Motion Practice
§1538.5 suppression of home-entry evidence, §1054 discovery motions, and §1001.95 diversion motions.
- 5
Step 5 — Trial or Diversion
Most §273g cases resolve through §1001.95 judicial diversion. Trial defense focuses on the habitual and presence elements.
- 6
Step 6 — Sentencing / Diversion Completion
Successful diversion — case dismissed. Otherwise: summary probation, brief jail (rare), and DCFS-required treatment.
Los Angeles Courts That Handle PC §273g Lewdness or Intoxication in the Presence of a Child Cases
Filings are venued in the courthouse serving the incident location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Lewdness or Intoxication in the Presence of a Child Defense Attorney
Daniel S. Rubin has defended clients charged with lewdness or intoxication in the presence of a child 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 §273g in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Lewdness or Intoxication in the Presence of a Child Cases Throughout LA County
See our full Lewdness or Intoxication in the Presence of a Child defense practice
09 — FAQs
PC §273g Lewdness or Intoxication in the Presence of a Child Questions — Los Angeles
What is PC §273g?
PC §273g is a misdemeanor prohibiting a person with care or custody of a minor child from engaging in habitual drunkenness, lewd/immoral habits, or public indecency in the child's presence. Exposure is up to 6 months in county jail and a $500 fine.
Is a single incident enough for §273g?
No. The statute requires 'habitual' drunkenness or an ongoing pattern of lewd/immoral habits. A single incident is legally insufficient — a common charging defect Rubin Law exploits.
Does §273g require the child to see the conduct?
The child must have been present — physically able to observe. A sleeping infant in another room or a child absent from the home at the time defeats the presence element.
Is §273g eligible for diversion?
Yes. §273g is a non-violent misdemeanor that qualifies for §1001.95 judicial diversion — successful completion results in dismissal without conviction.
Will §273g trigger DCFS involvement?
Almost always. §273g filings routinely trigger DCFS investigations and, in some cases, Welfare & Institutions §300 dependency petitions. Family-court custody consequences follow.
Does §273g affect immigration status?
§273g is not per se a CIMT, but the analysis is case-specific. Companion §273a counts, when filed, are almost always CIMTs. Non-citizens must consult immigration counsel before pleading.
Can §273g be expunged?
Yes. After successful probation or diversion completion, PC §1203.4 (or diversion dismissal) removes the conviction. Successful §1001.95 diversion results in no conviction to expunge.
Available 24/7 — Free Consultation
Charged with PC §273g Lewdness or Intoxication? Call Rubin Law.
§273g triggers DCFS and family-court consequences even at the misdemeanor level. Rubin Law, P.C. defends by attacking the habitual and presence elements and pushing for §1001.95 diversion dismissal. Call (213) 723-2337.