Children in Danger or Child Abuse

Penal Code 273a punishes acts of child neglect. In simple terms, the California crime of child neglect occurs when someone: causes or allows a child to suffer unjustifiable physical pain or mental suffering, or intentionally places the child in a dangerous situation.

Unlike the crime of child abuse in California, a conviction for children in danger does not require that any child actually suffer a real injury. Therefore, it is easy (and unfortunately very common) for innocent people to face prosecution under California’s children in danger laws.

If the circumstances of the child abuse charges involve a risk of serious physical harm or death to the child, then the crime of child neglect is a wobbler offense. This means it can be charged as either a misdemeanor or a felony.

• Misdemeanor children in danger offenses include up to one (1) year in county jail.
• For felony child neglect, the penalties include two (2), four (4), or six (6) years in a California state prison.
• But if there is no risk of serious bodily injury or death to the child, children in danger in California will be a misdemeanor.