The terms child endangerment and child abuse are oftentimes used interchangeably. They do, nonetheless, mean and depict different scenarios defined by California laws. California outlaws both forms of these acts under separate provisions, California PEN 273a and California PEN 273d PC. This blog takes a deeper look into how child endangerment differs from child abuse.

California Child Endangerment VS. Child Abuse Charges

The simplest way to understand the differences between child endangerment and child abuse is by looking at the terminology of the laws themselves. In California, child abuse law explicitly forbids any physical abuse of a child. The law gives parents a lot of freedom when it comes to disciplining children. However, no parent, family member, stepparent, or caretaker should injure the minor. Any form of injury can be used as evidence in a child abuse case.

This statute does not need great bodily injury, rather simply any physical evidence of injury on the child. Unlike child abuse, child endangerment does not need physical harm to the child but does prohibit a much wider spectrum of acts.

To understand this, we need to first analyze California's statutes that govern child endangerment and child abuse offenses.

How California Law Defines Child Abuse

Child abuse is defined by California PEN 273d as willfully/purposefully inflicting inhumane injury or cruel corporal punishment that results in a traumatic condition.

Corporal punishment refers to physical (rather than emotional) punishment. A traumatic condition refers to an injury or any other physical injury induced by the intentional employment of physical force, whether serious or minor. An injury is willfully administered if the action that caused the injury was done purposefully. The person does not have to plan on breaking the law or injuring the child. In California, the following acts are frequently regarded as abusive:

  • Hitting
  • Kicking
  • Punching
  • Shaking
  • Slapping
  • Pushing
  • Burning
  • Choking, or
  • Hurling a minor or an item at them

The above list is in no way exhaustive. Any action that harms a child and induces a traumatic condition and is cruel is deemed abuse.

According to California law, the phrase cruel has not been expounded in any way. However, the jury will interpret the phrases in their natural context. This offers juries a lot of leeway in deciding whether or not an action that doesn't inflict injury is considered abusive.

Definition of Child Endangerment Under California Law

Child endangerment, on the other hand, is defined under California PEN 273a as intentionally exposing a minor (below 18 years) to unnecessary suffering, pain, or danger. You could be charged with exposing the minor to an unjustifiable risk of physical injury even though the minor never suffers real physical injury.

Anybody could be charged with a crime (not only parents). Typically, the grownup is somebody responsible for a child. An adult could be accused of child endangerment when he or she:

  • Causes or allows a child to suffer unjustified physical or emotional distress
  • Purposefully causes or allows the injury of a child, or
  • Purposefully causes or authorizes the placement of a child in an unsafe situation

Elements of Crime in Child Endangerment and Child Abuse Cases

There are various elements that the prosecution has to prove in both child endangerment and child abuse cases. In child abuse cases, the prosecution has to prove specific facts (elements of the offense) to show that the accused is culpable of child abuse. Each of the following elements must be demonstrated beyond a shadow of a doubt:

  • The accused purposefully subjected a child to cruel physical injury or punishment
  • The accused inflicted a traumatic physical state as a result of his or her punishment or injury
  • When the accused acted, he or she wasn't disciplining the child in a reasonable way

In cases of child endangerment, the prosecution also has to prove various elements to prosecute the accused under PEN 273a. Each element has to be established beyond a shadow of a doubt. The prosecution must demonstrate the following elements:

  • The accused:
  1. Intentionally caused an unjustifiable amount of bodily or mental distress to a minor
  2. Purposefully administered or allowed unreasonable bodily or emotional distress to a minor
  3. He or she purposefully caused or allowed the minor's person or wellbeing to be harmed while being in his or her custody
  4. Purposefully caused or allowed the minor to be put in a scenario where the minor's person or wellbeing was threatened while having custody or supervision of the minor
  • The accused was criminally negligent when he or she inflicted or allow the minor to suffer, be hurt, or the minor's wellbeing be threatened
  • If the accused was the child's parent, he or she wasn't disciplining the youngster in a reasonable manner

Another Element Needed to Demonstrate Felony Endangerment

There's still one further element the prosecution needs to demonstrate if the accused is charged with a wobbler under PEN 273a. The prosecution must show that the offender acted in a way that was likely to result in severe bodily harm or death. For the defendant to be found guilty, the act doesn’t have to have resulted in injury or death. All that's required is that injury or death was a likely conclusion.

We will go over the definition of serious bodily damage in child endangerment in detail below. First, let's look more closely at a few of the legal terminologies to understand their definitions.

According to California law, an offense is committed willfully if it's done purposefully. And just like in child abuse cases, this doesn't imply that the accused planned on breaking the law or inflicting harm. It simply demonstrates that the offender did something with the intent of causing injury.

Unjustifiable bodily or mental distress refers to suffering or pain that:

  • Isn't rationally necessary
  • Is in excess in those conditions

Criminal negligence entails more than negligence, an error of judgment, or lack of attention. Someone is said to have acted with criminal negligence if:

  • He/she behaves in an irresponsible manner that is in stark contrast to how a typically reasonable person would behave in a similar case
  • The defendant's actions show disdain for human existence or lack of concern toward the ramifications of his/her actions
  • Any reasonable individual would have understood that when he or she acted in that way he or she would very certainly cause harm to other people

An offense becomes criminal negligence if it's so aggravating, or negligent that it flouts logic. The question is if a reasonable individual in a comparable scenario would have acted similarly. The following are some forms of acts that might be regarded as child endangerment:

  • Leaving a deadly weapon, like a loaded weapon or a sharp, lethal instrument, in a place where a minor could easily access it
  • Refusing to seek medical help for a sick child who needs treatment
  • Driving when inebriated while a child is present
  • Permitting the minor to get tattooed (this is an infringement of PEN 653)
  • Using drugs while a minor is present; or
  • Placing a juvenile in the care of another person who has a record of abuse

According to California law, great physical injury is described as any major or severe physical injury. Minor, insignificant, or even mild injuries don't qualify as great physical injury. The occurrence of great physical harm is assessed by the court on a case-by-case approach. For this reason, aggressive prosecutors are likely to bring it up at every opportunity.

It's crucial to note, though, that the question isn't if the child was injured or not. The question is if the minor was put in an environment where he/she was at risk of injury. The prosecution is more inclined to pursue criminal charges when the child suffers great bodily harm.

Child Abuse vs Child Endangerment Penalties

Child abuse is pursued as a wobbler offense under California PEN 273d. This implies that the prosecution can prosecute the crime as a felony or a misdemeanor depending on the circumstances. The decision will be based on the following factors:

  • The facts surrounding the alleged crime, as well as
  • The criminal background of the accused (and, perhaps, proof of previous child or domestic abuse)
  • A minor initial offense is often prosecuted as a misdemeanor offense

Felony accusations are more plausible when one or all of the following conditions exists:

  • The crime was heinous
  • The minor had suffered significant injuries
  • The accused has been convicted of child abuse or other related charges on at least one previous occasion

As a misdemeanor offense, a defendant can receive the following penalties:

  • A maximum of one year in county jail
  • Maximum fines of $6,000 could be imposed
  • The offender could also be sentenced to misdemeanor/summary probation

A felony conviction for child abuse is penalized by:

  • A two, four, or six-year prison sentence
  • Maximum fines of $6,000 could be imposed
  • Instead of serving all or part of his/her jail term, the accused could be placed under felony/formal probation

If the accused has previously been convicted of child abuse, the term will be increased by four years except if the following conditions are met:

  • The accused served all of his or her previous jail sentences more than ten years ago
  • The accused has not served any time for additional felony offenses in the last ten years

In California, defendants guilty of child abuse crimes are frequently condemned to probation rather than time in jail. If the abuse was prosecuted as a felony or a misdemeanor, the judge has the authority to place the accused on probation.

However, probationary terms come with conditions. Several of the conditions are required, while others are optional. In California, standard probation terms for child abuse include:

  • Reporting to a probationary officer regularly
  • A minimum probationary period of three years
  • A protective order by the court for the plaintiff, which might include residence exclusions or stay-away orders, where applicable
  • A one-year compulsory child abuser therapy counseling course
  • Random drug testing if the offender was intoxicated at the moment of the crime

If the accused fails to meet any of these probationary conditions, the judge could revoke his or her probation. The court can then serve a bench warrant for the accused's arrest in California. Alternatively, the court can leave the non-compliance to pass or impose additional (often stricter) probation conditions.

The court could award an early cancellation of probation when the accused observes the conditions of his or her probation. This often necessitates showing compliance for one year or two.

A petition for early dismissal is often accompanied by the following:

  • A motion to lower a wobbler felony offense to a misdemeanor, as well as
  • A request for the felony record to be expunged

Penalties for Child Endangerment

Penalties are largely impacted by whether the accused's acts put the child in threat of great bodily harm or even death.

Misdemeanors Penalties

The offense will be charged as a misdemeanor when the accused's actions didn’t pose a considerable risk of death or serious bodily injury. A misdemeanor child endangerment under PEN 273a can be penalized by:

  • A maximum of 6 months in jail
  • Maximum fines of $1,000 could be imposed

Misdemeanor Probation

A court could also place a defendant who is charged with child endangerment on misdemeanor probation. It is often referred to as summary probation.

The minimum probationary period that a court can grant for child endangerment offenses in California is four years. Probation could include:

  • A protection/restraining) order is issued to prevent the purported victim from being subjected to subsequent violent acts. A stay-away order could be included in this judgment, preventing the accused from contacting the minor. The stay away ruling could be applied to the child's home even though it is also the accused's residence
  • Following the fulfillment of a one-year child abuser treatment program approved by the court
  • If the accused was intoxicated by alcohol or a prohibited substance at the moment of the offense, there will be additional terms. These could include the following:
  1. A court order to stay away from drugs or alcohol for the whole probationary period
  2. Routine drug testing

Either of the aforementioned conditions could be waived if it’s in the best interests of justice. When the accused follows all of the probation conditions for the first or second year, the judge could award early dismissal of probation.

Eventually, an offender who is convicted to probation could have his or her record expunged. After completing the probation period, the accused is free to do so.

Nevertheless, the judge can deny an expungement request if:

  • The applicant infringed his/her probation terms, or
  • The applicant did not observe all of the probationary terms and conditions

Felony Penalties

Child endangerment is charged as a wobbler crime if there's a threat of death or serious physical harm to the minor. The prosecution can prosecute the wobbler as a felony charge or a misdemeanor, by looking at:

  • The specifics of the accusations
  • The criminal background of the accused

A felony could have the following repercussions:

  • A sentence of 2, 4, or 6 years in state prison
  • A ten-thousand-dollar ($10,000) fine

Alternatively, the court can impose at least 4 years of felony probation on the accused. The terms of this probation are similar to those outlined in the section above. If an offender is placed on a felony or formal probation, he or she has the option of expunging the record as described above.

Child abuse and Child endangerment under the Three Strikes rule in California

According to California's Three Strikes statute, a felony child abuse charge can often be regarded as a strike. This happens when the child abuse resulted in great bodily harm to the child. If a defendant receives one strike on his or her record, any future felony charge will result in a twofold sentence. When a defendant is convicted of three strike offenses, he or she faces a compulsory minimum term of 25 years to a lifetime in state prison.

And just like in child abuse cases, as per California's Three Strikes Rule, a child endangerment crime prosecuted as a felony can be regarded as a strike. If the minor was severely injured, it would be deemed a strike.

A second striker is a defendant who already has a strike on their record and is convicted with an additional felony thereafter. As a consequence, the penalty for the ensuing crime will be twice what it usually is. If the accused is a third striker, he/she will be convicted to a prison term of twenty-five years to life.

Many allegations of child endangerment and abuse are common in divorces or separations. Unfortunately, former spouses can bring forth false statements to claim child endangerment or abuse. This is frequently made out of malice, resentment, or to deny you custody or visitation rights. Former partners sometimes coerce young children and teens into making these damaging claims.

Find a Los Angeles Criminal Defense Attorney Near Me

If you or your loved one has been accused of child abuse or child endangerment, you should contact a skilled criminal defense attorney to help you. Our attorneys at the Los Angeles Criminal Attorney can assist you in achieving the best possible result for your case and protect your image. Call us at 424-333-0943 today.