PC 273a – Child Endangerment
California Penal Code Section 273a, commonly referred to in the context of child endangerment, reads as follows:
(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:
- (1) A mandatory minimum period of probation of 48 months.
- (2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
- (3) A successful completion of no less than one year of a child abuser’s treatment counseling program as condition of probation.
(d) Any person convicted of violating this section shall be ordered to complete a child abuser’s treatment counseling program approved by the probation department as a condition of probation.
Overview of the Criminal Charge in the Context of DUI
California Penal Code Section 273a, which addresses child endangerment, can become a critical factor in DUI cases where a minor is present in the vehicle during the offense. In such instances, a DUI charge can be escalated to include child endangerment, which carries severe legal consequences.
Child Endangerment in DUI Cases
When an individual is arrested for DUI with a child in the car, the prosecution may charge the defendant with a violation of Penal Code 273a(a) or 273a(b). The nature of the charge depends on the circumstances:
- Felony Child Endangerment (PC 273a(a)): If the DUI occurs under conditions that could result in great bodily harm or death to the child, the defendant may face felony charges. This could result in state prison time ranging from two to six years.
- Misdemeanor Child Endangerment (PC 273a(b)): If the conditions are not likely to produce great bodily harm or death, the defendant may be charged with a misdemeanor. The penalties for a misdemeanor conviction can include up to one year in county jail.
Legal Implications of Child Endangerment in DUI Cases
The addition of a child endangerment charge can significantly increase the severity of the case. The court may impose stricter penalties, including mandatory jail time, probation with stringent conditions, and a permanent mark on the individual’s criminal record. Moreover, the Department of Child and Family Services (DCFS) may get involved, potentially leading to child custody issues.
Defending Against a Child Endangerment Charge in DUI Cases
Defense strategies in such cases may include challenging the validity of the DUI arrest, questioning whether the conditions were truly likely to cause great harm or death, or proving that the accused did not willfully place the child in danger. Additionally, demonstrating that the defendant is committed to rehabilitation, such as attending DUI and parenting classes, can sometimes mitigate the penalties.
Conclusion
In summary, VC 273a, when applied in the context of DUI, adds a layer of complexity and severity to the case. If convicted, the defendant faces not only the standard DUI penalties but also those associated with child endangerment, which can lead to long-term consequences both legally and personally. It is crucial for anyone facing such charges to seek experienced legal counsel to navigate the intricacies of the law and mount an effective defense.