Child Endangerment FAQs - Penal Code Section 273a
California Child Endangerment Frequently Asked Questions
How old must a child be to be left at home alone?
My child was injured while relatives were watching them. Can I be charged with child endangerment?
My child was injured while a neighbor was watching them. Can I be charged with child endangerment?
I own firearms and keep them in my home. Does this constitute child endangerment?
How old must a child be to be left at home alone?
A person is a child if he/she is younger than the age of 18. California law does not specifically define when a child may be left at home alone. However, the law is broad and if the parent is criminally negligent in leaving the child home alone, and the child suffers physical or mental pain, the parent may be charged of endangering a child.
A person acts with criminal negligence when
- He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
- A reasonable person would have known that acting in that way would create such a risk.
My child was injured while relatives were watching them. Can I be charged with child endangerment?
Yes, if it is found that you were criminally negligent in allowing the relatives to watch your child. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with criminal negligence when
- He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
- A reasonable person would have known that acting in that way would create such a risk.
My child was injured while a neighbor was watching them. Can I be charged with child endangerment?
Yes, if it is found that you were criminally negligent in allowing the relatives to watch your child. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with criminal negligence when
- He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
- A reasonable person would have known that acting in that way would create such a risk.
I own firearms and keep them in my home. Does this constitute child endangerment?
Owning firearms and keeping them in your home where children live does not necessarily constitute child endangerment. However, if the child is injured by that firearm, the likelihood of owning the firearm constituting child endangerment will increase. You will be charged if it was found that you were criminally negligent in having the firearms in the home.
A person acts with criminal negligence when
- He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
- A reasonable person would have known that acting in that way would create such a risk.
It is important to have an aggressive and experienced attorney defending you. With the broad language of the law, we can clarify the situation you are facing and give you the best possible defense.
