CORPORAL INJURY TO A CHILD UNDER PENAL CODE § 273d

Under Penal Code § 273d, 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.

PUNISHMENTS FOR CORPORAL INJURY TO A CHILD  

Corporal injury to a child is a felony offense punishable by imprisonment for two, four, or six years, or in a county jail for not more than one year, by a fine of up to $6,000, or by both that imprisonment and fine.

Any person who is found guilty will receive a four-year enhancement for a prior conviction of that offense within ten years. 

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 36 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) Successful completion of no less than one year of a child abuser’s treatment counseling program. 

(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.

DEFENSES TO CORPORAL INJURY TO A CHILD

There are many defenses to child endangerment. For example, if the child’s injuries were caused by an accident, then the prosecution cannot prove that the parent willfully injured the child.