A child endangerment allegation under California Penal Code § 273a can arise from many situations, including an alleged DUI with a child passenger, a domestic dispute witnessed by a child, unsafe access to drugs or firearms, or accusations of neglect.
A child does not necessarily have to suffer a physical injury for prosecutors to file a charge. The prosecution may instead claim that a person willfully caused or permitted a child to be placed in a dangerous situation.
PC 273a may be charged as a misdemeanor or, when the alleged circumstances were likely to cause great bodily harm or death, as either a misdemeanor or felony. Because child endangerment is frequently filed with other criminal allegations, an effective defense must examine the entire incident—not just one charge.
What Does California Penal Code § 273a Prohibit?
California Penal Code § 273a generally prohibits:
- Willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering
- Willfully causing or permitting a child to be injured
- Placing a child in a situation where the child’s health or safety is endangered
- Allowing a child to remain in a dangerous situation when the person has care or custody of the child
The seriousness of the charge depends partly on the level of alleged danger.
PC 273a(a): Felony or Misdemeanor Child Endangerment
PC 273a(a) applies when the alleged conduct occurred under circumstances likely to produce great bodily harm or death.
This is a “wobbler” offense, meaning prosecutors may file it as either a misdemeanor or felony depending on the facts, the defendant’s criminal history, the child’s age, and the level of alleged danger.
PC 273a(b): Misdemeanor Child Endangerment
PC 273a(b) applies when the alleged circumstances were not likely to produce great bodily harm or death.
This offense is charged as a misdemeanor.
Can PC 273a Be Charged After a DUI With a Child Passenger?
Yes. Prosecutors may file child endangerment charges when someone is accused of driving under the influence while a child is inside the vehicle.
The presence of a child does not automatically prove child endangerment. Prosecutors must still prove every required element of PC 273a. However, they may rely on facts such as:
- The driver’s alleged level of impairment
- Blood-alcohol concentration
- Unsafe driving or excessive speed
- Whether a collision occurred
- The child’s age
- Where the child was seated
- Whether the child was properly restrained
- The length and circumstances of the drive
- Statements made to law enforcement
- The presence of alcohol, drugs, or drug paraphernalia
A DUI-related child endangerment case may therefore involve both DUI evidence and evidence concerning the alleged danger to the child.
DUI Charges That May Accompany PC 273a
Depending on the circumstances, prosecutors may file PC 273a with one or more of the following allegations:
VC 23152(a): Driving Under the Influence of Alcohol
Vehicle Code § 23152(a) prohibits driving while under the influence of alcohol.
VC 23152(b): Driving With a BAC of 0.08% or Higher
Vehicle Code § 23152(b) prohibits driving with a blood-alcohol concentration of 0.08% or greater.
VC 23152(f): Driving Under the Influence of Drugs
This charge may involve illegal drugs, prescription medications, over-the-counter medications, or another substance that allegedly impaired the driver.
VC 23152(g): Driving Under the Combined Influence
This provision applies when prosecutors allege that a person drove under the combined influence of alcohol and drugs.
VC 23153: DUI Causing Injury
If an accident allegedly caused an injury, prosecutors may file DUI causing injury along with PC 273a and other charges supported by the evidence.
VC 20001 or VC 20002: Hit-and-Run
Hit-and-run charges may be added when a driver allegedly leaves an accident scene involving an injury or property damage without completing the duties required by California law.
VC 23103 or VC 23103.5: Reckless Driving or Wet Reckless
Depending on the evidence and negotiations, a DUI charge may sometimes be reduced to reckless driving or a “wet reckless.” A reduction is not guaranteed and depends on the individual case.
What Is the DUI Child-Passenger Enhancement?
California Vehicle Code § 23572 provides additional mandatory jail time when a person is convicted of DUI under VC 23152 and a passenger under 14 years old was in the vehicle.
The additional jail time depends on the person’s qualifying DUI history:
- First DUI: 48 continuous hours
- Second DUI: 10 days
- Third DUI: 30 days
- Qualifying fourth DUI: 90 days
The prosecution must plead and prove that a passenger under 14 was inside the vehicle.
However, Vehicle Code § 23572 also states that its additional punishment cannot be imposed when the defendant is convicted of PC 273a based on the same facts and incident. Prosecutors may initially allege both, but that does not necessarily mean punishment can be imposed under both provisions.
What Other Charges May Be Filed With PC 273a?
Child endangerment is highly fact-specific. The following charges may appear in the same case, but none applies automatically.
PC 273d: Corporal Injury to a Child
PC 273d may be alleged when prosecutors claim that someone willfully inflicted cruel or inhuman corporal punishment or caused an injury resulting in a traumatic condition.
PC 273d focuses on alleged physical punishment or injury. PC 273a may apply more broadly to conduct or conditions that allegedly endangered a child.
PC 273.5: Corporal Injury to a Spouse or Partner
PC 273.5 may accompany child endangerment when a child was allegedly present during a domestic incident involving an injury to a spouse, cohabitant, dating partner, former partner, or parent of the defendant’s child.
PC 243(e)(1): Domestic Battery
Domestic battery may be charged when the prosecution alleges an unlawful use of force against an intimate partner but does not allege the traumatic physical condition required for PC 273.5.
If a child witnessed or was close to the alleged incident, prosecutors may also consider PC 273a.
PC 242 and PC 243: Battery
Battery charges may arise when the prosecution alleges an unlawful and harmful or offensive touching outside the specific relationship required for domestic battery.
PC 422: Criminal Threats
Criminal-threat charges may be added when threatening statements were allegedly made during the incident and prosecutors believe the statutory requirements can be proven.
PC 236 and PC 237: False Imprisonment
False imprisonment may be charged when someone allegedly restrained, confined, or prevented another person from leaving.
PC 148(a)(1): Resisting or Delaying an Officer
This charge may arise from alleged conduct during the police investigation or arrest.
Drug-Related Charges
Drug possession, drug paraphernalia, or being under the influence may accompany PC 273a when prosecutors claim that drugs, intoxication, manufacturing activity, or unsafe storage placed a child at risk.
Weapons and Firearm Charges
Weapons allegations may be filed when prosecutors claim that a firearm was unlawfully possessed, improperly stored, used during an incident, or accessible to a child.
VC 15620: Leaving a Child Unattended in a Vehicle
Vehicle Code § 15620 may apply in specified circumstances involving a child age six or younger who was allegedly left in a vehicle without legally sufficient supervision.
What Are the Penalties for a PC 273a Conviction?
The possible punishment depends on whether the charge is filed under PC 273a(a) or PC 273a(b).
Misdemeanor PC 273a(b)
A misdemeanor conviction under PC 273a(b) may result in:
- Up to one year in county jail
- Probation
- Fines and court assessments
- A protective order
- Child-abuse counseling
- Other case-specific probation conditions
PC 273a(a)
PC 273a(a) may be charged as a misdemeanor or felony.
A misdemeanor conviction may carry up to one year in county jail. A felony conviction may carry a prison sentence of two, four, or six years.
When probation is granted following a PC 273a conviction, the statute generally requires:
- 48 months of probation
- A criminal protective order
- At least one year in a child abuser’s treatment counseling program
- Alcohol or drug abstinence and random testing when the offense was committed while the defendant was under the influence
A court may waive specified probation conditions when it finds that doing so would serve the interests of justice.
Additional Consequences of a Child Endangerment Case
The consequences may extend beyond jail, probation, and fines. An arrest or conviction could affect:
- Child custody and visitation
- Dependency or child-welfare proceedings
- Employment
- Professional licensing
- Immigration status
- Firearm rights in some cases
- Protective orders
- A person’s criminal record and reputation
The specific consequences depend on the charge, case result, criminal history, immigration status, and individual circumstances.
What Must the Prosecution Prove?
The required proof depends on the prosecution’s theory. Important questions may include:
- Did the defendant willfully cause or permit the alleged conduct?
- Did the defendant have care or custody of the child?
- Was the child actually placed in the alleged danger?
- Were the circumstances likely to cause great bodily harm or death?
- Did the defendant act with criminal negligence?
- Is the allegation based on reliable evidence?
- Can prosecutors prove the required conduct and mental state beyond a reasonable doubt?
In some situations, the prosecution must prove criminal negligence, which requires more than ordinary carelessness or a simple mistake.
Potential Defenses to PC 273a Charges
There is no single defense that applies to every case. A defense attorney must review the police reports, recordings, medical evidence, witness statements, photographs, DUI testing records, and all surrounding circumstances.
Potential defense issues may include:
The Conduct Was Not Willful
An accident, misunderstanding, or event outside the defendant’s control may not establish the required mental state.
There Was No Criminal Negligence
Poor judgment or ordinary negligence does not necessarily amount to the reckless conduct required under a criminal-negligence theory.
The Child Was Not Placed in the Alleged Danger
Video recordings, photographs, medical records, vehicle data, witness statements, or evidence from the scene may contradict or weaken the prosecution’s description of the risk.
The Accusation Is False or Unreliable
Family conflict, custody disputes, inconsistent statements, incomplete interviews, or pressure from another person may affect the reliability of an accusation.
Reasonable Parental Discipline
California law distinguishes lawful parental discipline from unlawful abuse. Whether discipline was reasonable depends on the nature of the conduct, proportionality, the child’s age, any injury, and the surrounding circumstances.
Insufficient Evidence of DUI or Impairment
In a DUI-related case, the defense may challenge:
- The reason for the traffic stop
- The officer’s observations
- Field sobriety testing
- Breath or blood testing
- Laboratory procedures
- Drug-recognition evidence
- Whether the defendant was actually impaired
- Whether the prosecution can prove who was driving
Emergency or Necessity
Evidence that a person acted to respond to an immediate emergency may affect whether the conduct was unlawful or unreasonable.
Why Early Defense Work Matters
Child endangerment cases can involve several legal systems at the same time. Evidence from a criminal investigation may also affect family court, custody, dependency, or child-welfare proceedings.
Relevant evidence may include:
- Police reports
- Body-camera recordings
- Dispatch recordings
- Medical records
- DUI chemical-test records
- Photographs and videos
- Vehicle data
- Witness statements
- Family-court orders
- Child-welfare records
- Text messages and social-media communications
Early representation can help preserve favorable evidence, identify inconsistencies, protect the accused person’s rights, and evaluate whether multiple charges or enhancements are legally supported.
A criminal defense attorney can also determine whether a felony allegation should be reduced, whether evidence should be suppressed, and whether dismissal, reduction, diversion, or another negotiated resolution may be available. No particular result can be guaranteed.
Frequently Asked Questions About PC 273a
Can I Be Charged With PC 273a if the Child Was Not Injured?
Yes. California law permits prosecutors to file a child endangerment charge based on allegedly placing a child in danger even when no physical injury occurred. The nature and likelihood of the alleged danger remain important.
Is PC 273a Always a Felony?
No. PC 273a(b) is a misdemeanor. PC 273a(a), involving circumstances allegedly likely to produce great bodily harm or death, may be charged as either a misdemeanor or felony.
Does a DUI With a Child Automatically Mean Child Endangerment?
No. The presence of a child does not automatically establish a PC 273a conviction. Prosecutors must prove the elements of every charged offense. The alleged impairment, manner of driving, age of the child, and surrounding circumstances will be important.
Can Prosecutors Charge Both PC 273a and the DUI Child-Passenger Enhancement?
Both may initially be alleged. However, Vehicle Code § 23572 states that its additional punishment may not be imposed when the defendant is also convicted of PC 273a arising from the same facts and incident.
Can a Domestic Violence Incident Lead to Child Endangerment Charges?
Yes. PC 273a may be added when prosecutors claim that a child was endangered during a domestic incident. Depending on the evidence, the case may also involve PC 273.5, PC 243(e)(1), criminal threats, false imprisonment, battery, or other allegations.
Will Child Protective Services Become Involved?
Child-welfare authorities may investigate allegations involving a child, but involvement is not identical in every case. Criminal, dependency, and custody proceedings operate under different rules and may proceed separately.
Should I Speak With Police or a Social Worker Before Contacting an Attorney?
Statements made during an investigation can affect criminal, custody, or child-welfare proceedings. Before answering substantive questions, consider speaking with a qualified attorney about your rights and the possible consequences of an interview.
Speak With a California Child Endangerment Defense Attorney
If you are under investigation or facing a PC 273a charge, prompt legal review can be important—especially when the case also involves DUI, domestic violence, drugs, firearms, or child-custody concerns.
The Law Offices of Kirk M. Tarman & Associates has more than 25 years of criminal defense experience representing clients throughout San Bernardino, Riverside, Los Angeles, and Orange Counties.
Call 909-466-9800 to schedule a confidential consultation with Tarman Law.
Written for Tarman Law. Reviewed by Kirk M. Tarman, California criminal defense attorney.
Legal Disclaimer: This article provides general information about California law and is not legal advice. Reading this article does not create an attorney-client relationship. Laws may change, and every case depends on its specific facts.