Child Endangerment | Penal Code § 273 a (a)

Description

The crime of Child Endangerment occurs when a person causes a child to suffer unjustifiable physical pain or mental suffering or intentionally causes an injury or places a child in a dangerous situation. Examples of Child Endangerment include leaving a child with a person who has exhibited previous neglect or injury or encouraging a child to an activity where they are injured or keeping dangerous substances or weapons within access of a child.

What does the prosecutor have to prove?

1. Defendant acted under circumstances or conditions likely to produce great bodily harm or death to a person.
2. Defendant willfully inflicted or permitted unjustifiable physical pain or mental suffering on a child.

Punishment

Felony: 2years/4years/6years
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No