California Penal Code Section 273(d) PC: Child Abuse / Inflicting Physical Punishment On A Child

Child abuse is a serious issue, and California law takes it very seriously. Penal Code Section 273(d) specifically makes it a crime to inflict unjustified physical punishment or injury on a child that results in a traumatic condition. This section covers both physical discipline that goes too far as well as other intentional acts that hurt a child. Let’s take a closer look at this law and what it means for parents and caregivers in California.

What Does California Law Say About Child Abuse?

Section 273(d) of the California Penal Code states that “Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony.”

Let’s break this down:

• This law applies to someone who “willfully” inflicts punishment or injury on a child. This means they intended to commit the act, even if they didn’t necessarily intend the harm it caused.
• “Cruel or inhuman corporal punishment” covers physical discipline that is excessive or goes beyond reasonable discipline. It also includes other intentional acts intended to cause a child pain or suffering.
• Causing “traumatic condition” means inflicting a physical injury of any kind, either minor or serious.

So in essence, if a parent, caregiver, or other adult intentionally hurts a child, whether through excessive discipline or some other willful act, they can be charged with child abuse under this law. The punishment or injury doesn’t have to be severe.

What Does This Mean for Disciplining My Child?

Many parents feel that corporal punishment, such as spanking, is an appropriate form of discipline. However, under Section 273(d), there is a fine line between reasonable discipline and abuse. So what exactly does this mean for parents?

While light spanking on the buttocks is still generally lawful, any hitting or physical punishment that causes injury, leaves a mark, or is done in anger could potentially cross the line into abuse. Things like punching, kicking, shoving, whipping, burning, etc. are considered clearly abusive and can lead to criminal charges.

In cases involving more mild punishments, prosecutors look at factors like the child’s age, the method of discipline, whether it was done in a moment of frustration versus calmly, and the parent’s intent. For example, a light open-handed spank on a toddler may be viewed differently than angrily whipping a teen with a belt.

Ultimately, the law aims to allow parents to reasonably discipline their kids while criminalizing truly abusive behaviors. Parents should carefully consider alternative disciplinary tactics, like time-outs, that don’t involve physical punishment at all.

What Are the Penalties for Child Abuse?

A first offense for willfully inflicting unjustified corporal punishment or injury on a child under Penal Code 273(d) can be charged as either:

• A misdemeanor, punishable by up to one year in county jail, or
• A felony, punishable by two, four, or six years in state prison.

If the abuse results in great bodily injury to the child, an additional three years can be added to the sentence. Prior convictions for child abuse or assault can also elevate the charges to a felony.

In addition to jail or prison time, a conviction can also lead to fines up to $6,000 and mandatory counseling or anger management classes. Probation may also be given, requiring the defendant to comply with protective orders and restrict contact with the victim.

Legal Defenses to Child Abuse Charges

Being accused of child abuse can be scary, but an experienced criminal defense attorney can often help get charges reduced or dismissed. Here are some examples of legal defenses that may apply in a Penal Code 273(d) case:

• No intent to harm: If the injury was accidental and there was no intent to inflict harm, then the “willfully” standard is not met.
• Reasonable discipline: Minor spanking that didn’t cause injury may be seen as reasonable discipline rather than abuse.
• False accusations: Bitter custody disputes can sometimes motivate false abuse allegations.
• Self-defense: Physically defending yourself from an attacking child does not constitute criminal child abuse.
• Lack of injury: If the alleged act did not result in any verifiable injury, then the “traumatic condition” element may not be provable.

An experienced attorney can evaluate the details of your case and decide whether to build a defense around one of these strategies. They may be able to negotiate with the prosecutor to get charges reduced or dismissed entirely in cases with potential defenses.

Related Offenses

Prosecutors frequently charge child abuse defendants with other related crimes as well. Some common ones include:

• Penal Code 273a – Child Endangerment – Putting a child at risk of potential harm through negligence or dangerous situations.
• Penal Code 245 – Assault with a Deadly Weapon – When an object is used to inflict injury on a child.
• Penal Code 417 – Brandishing a Weapon – Displaying a weapon in a threatening manner toward a child.

An attorney can help defend against these related charges as well and seek to get them reduced or dismissed through plea bargaining negotiations.

Restraining Orders

In child abuse cases, judges will often issue a protective order prohibiting the defendant from contacting the victim. This can include:

• A criminal protective order issued as a condition of probation.
• A restraining order obtained by the victim in family court.
• Stay-away orders requiring the defendant to avoid the child’s home, school, and other locations.

Violating any of these orders can lead to additional criminal charges. An attorney can advise their client on how to comply with protective orders while still preserving their parental rights as much as possible.

Conclusion

Dealing with accusations of child abuse under Penal Code 273(d) can be an extremely difficult and emotional situation. While the State of California takes these cases very seriously, an experienced criminal defense lawyer can often get charges reduced or dismissed and minimize the penalties. If you are facing allegations of child abuse, don’t hesitate to speak with an attorney right away to protect your rights and build the strongest defense.

References

[1] California Penal Code Section 273(d) PC

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Shouse California Law Group

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Kraut Law Group

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KEGLawyers

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FindLaw

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Michael Rehm Attorney