Child Endangerment Prosecution in California

Child Endangerment Prosecution – Penal Code Section 273a

If the defendant inflicted pain on the child, then the prosecution must prove that:

1. The defendant willfully inflicted unjustifiable physical pain or mental suffering on a child.

If the defendant caused or permitted the child to suffer pain, then the prosecution must prove that:

1. The defendant caused or permitted a child to suffer unjustifiable physical pain or mental suffering; and
2. The defendant was criminally negligent when (he/she) caused or permitted the child to suffer or be injured or be endangered.

If the defendant while having custody, caused or permitted a child to suffer injury, then the prosecution must prove that:

1. While having care or custody of a child, willfully caused or permitted the child’s person or health to be injured; and
2. The defendant was criminally negligent when (he/she) caused or permitted the child to suffer or be injured or be endangered.

If the defendant had custody of the child and caused or permitted the child to be placed in danger, then the prosecution must prove that:

1. The defendant, while having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health might have been endangered; and
2. The defendant inflicted pain or suffering on the child or caused or permitted the child to suffer or be injured or be endangered under circumstances or conditions likely to produce great bodily harm or death; and
3. The defendant was criminally negligent when (he/she) caused or permitted the child to (suffer or be injured or be endangered.