How to Get a Child Endangerment Charge Dropped

Authorities in California work hard to punish crimes against children, and child endangerment is no exception.

The law is very broad and a bit confusing in child endangerment cases. Child endangerment is often confused with the crime of child abuse, which punishes cases of physical abuse or harm to a child. Child endangerment is simply the act of allowing a child to be exposed to pain, suffering or danger.

Because of this, child endangerment is often charged against well-meaning, innocent people. Normally law-abiding parents or guardians might be involved in a simple misunderstanding or mistake, and now, they’ve found themselves dealing with the criminal justice system.

If you or someone you love has been accused of child endangerment, an attorney can help you navigate these charges against you.

What is child endangerment?

In order to convict a person of a crime, a prosecutor must convince a jury that certain facts in the case were true. These are known as the “elements of the crime.”

Under California Penal Code 273a PC, child endangerment has three elements:

1. You did one of the following:
   1. Willfully inflicted unjustifiable physical pain or mental suffering on a child. The law defines “unjustifiable” as not reasonably necessary, or “excessive under the circumstances.”
   2. Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering on a child.
   3. While having care or custody of child, willfully caused or permitted or caused a child’s person or health to be injured.
   4. While having care or custody of child, willfully caused or permitted the child to be placed in a position where the child’s person or health was in danger.
2. You were criminally negligent when you allowed the child to suffer. Criminal negligence is acting in a way that is a “gross departure” from the way a careful person would act, in disregard for human life or the consequences of your actions, which a reasonable person would understand would result in harm to others.
3. If you were the child’s parent, you were not reasonably disciplining the child. Despite what many may think, corporal punishment is legal in California. This includes spanking, confinement or sending a child to their room without a meal.

As you might’ve noticed, this law is open to a wide range of interpretations. What is an allowable amount of corporal punishment, what if the child understood the punishment as not particularly bad, and what happens if the child is accidentally injured?

It depends on the specific facts and evidence of your case, particularly when determining if you engaged in gross negligence or allowed unjustifiable pain. An attorney who is experienced in child endangerment cases can help you here.

Penalties for child endangerment in California

Child endangerment is a “wobbler.” This means that it can be charged as either a felony or misdemeanor, depending on the facts of the case.

If the prosecutor believes that your behavior did not create a risk of “great bodily injury” or death, you will be charged with misdemeanor child endangerment. It is punishable by:

• Up to six months in county jail
• Fines of up to $1,000

In misdemeanor cases, the judge also has the option to sentence defendants to misdemeanor probation instead of any jail time. The minimum period of probation is four years.

In felony cases, the prosecution believes that your actions created a risk of great bodily injury or death. Great bodily injury is defined as “any significant or substantial injury” and it is judged on a case-by-case basis. As a felony, child endangerment is punishable by:

• Up to six years in California state prison
• At least four years of felony probation
• Fines of up to $10,000

In felony child endangerment cases where the child sustained great bodily injury, the prosecutor can seek a “sentencing enhancement” that can add:

• An additional three to six years in prison if the defendant actually and personally inflicted great bodily injury on the victim.
• Another four years in prison if the victim died.

In some cases, a felony child endangerment conviction can result in a strike on your record under California’s “three strikes” law.

Defenses against child endangerment charges

“Robert Helfend is one of the best criminal defense attorneys I’ve ever worked with. He was so knowledgeable, and always made sure I understood everything every step of the way. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer.” Pat, CA

As we mentioned above, California’s child endangerment laws are vaguely written and very broad. This allows overzealous prosecutors to charge normally law-abiding citizens with crimes.

However, in order to convict someone of child endangerment, the prosecutor still must prove beyond a reasonable doubt that the defendant’s willful actions led to the situation of endangerment. Mistakes of fact are so common in situations like these, particularly when the parent was engaged in legally disciplining the child.

An experienced criminal defense attorney will work through the facts of your case to pick apart the prosecution’s case and see your charges reduced or dropped entirely.

Attorney Robert M. Helfend is a SuperLawyers and National Trial Lawyers Top 100 rated attorney who has practiced in the Los Angeles area since 1984, and he is prepared to take your case. Call today for your free case evaluation – 800-834-6434.

---

‘Contributing to the Delinquency of a Minor’ in California – What You Need to Know

Don’t allow an accusation of contributing to the delinquency of a minor to ruin your reputation and jeopardize your freedom. Contact Robert M. Helfend today – 800-834-6434.

“Contributing to the delinquency of a minor” involves any act by an adult that encourages, causes or allows a minor to act unlawfully, behave improperly, or become a dependent of the juvenile court system. 

Common examples are things like providing alcohol to a minor, offering them illicit substances or encouraging them to partake in criminal activities. 

If convicted, an offender could face penalties such as probation, fines and jail time, with the specific consequences depending on the severity and nature of the violation.

There are several defense strategies available to fight charges of contributing to the delinquency of a minor. A California criminal defense attorney can examine the facts of your case to determine the defense strategy that best fits your unique circumstances. Call the Helfend Law Group today to discuss your case for free.

Contributing to the delinquency of a minor – California Penal Code 272 PC

Under California Penal Code 272 PC, it’s a crime to cause or enable a person under 18 years of age to engage in illegal or delinquent behavior, become habitually truant or become a dependent of the juvenile court system.

In order to be convicted of contributing to the delinquency of a minor, the prosecutor must prove that:

1. You committed an act or failed to perform a duty imposed by the law, and
2. By doing so, you contributed to a minor’s engagement in illegal or delinquent behavior, habitual truancy, or becoming a dependent of the juvenile court

Examples of contributing to the delinquency of a minor include:

• Giving beer and cigarettes to a 15-year-old cousin and his friends
• Hiding a child who has run away from home 
• Encouraging a person under 18 to skip school

The terms “delinquent child,” “habitual truant,” and “dependent of the juvenile court system,” are legally defined under Penal Code 272 PC.

• Delinquent child – A person under 18 years of age who the court has found guilty of committing a crime.
• Habitual truant – A minor who has:

1. Violated a curfew based on age,
2. Disobeyed reasonable orders of their parent or guardian on a persistent or habitual basis, and/or
3. Been absent from school, without excuse, on four or more occasions in a single school year

• Dependent of the juvenile court system – A minor child who:

• is a victim of abuse, sexual abuse, or neglect
• does not have any means of support from a parent or guardian
• is subjected to cruelty by a family member or person in their household
• suffers emotional damage as a result of abuse, mistreatment, or neglect by a parent or guardian

A person can be guilty of violating Penal Code 272 PC by acting with either criminal intent or criminal negligence. 

To act with criminal intent is to:

• Intentionally commit an illegal act or fail to perform a legally required duty 

To act with criminal negligence is to:

• Act in a manner that is reckless and imposes a risk of great bodily injury or death to another person, and
• A reasonable person would be aware of the risk associated with the act or behavior

There are certain required duties that this statute legally imposes on parents and legal guardians of minors. If failing to perform those duties contributes to a minor’s delinquency, truancy, or dependency on the juvenile court, then the parent or guardian may be found guilty of violating Penal Code 272 PC. Those duties are:

• Supervision
• Protection
• Reasonable care
• Control over the minor

Penalties for contributing to the delinquency of a minor

Contributing to the delinquency of a minor is a misdemeanor offense, punishable by:

• Up to one year in county jail and/or
• A fine of up to $2,500

Upon reviewing your case, a judge may decide to grant you misdemeanor probation in lieu of jail time. 

It is possible to have your PC 272 conviction expunged if you successfully complete your sentenced jail time or misdemeanor probation. 

Related offenses

There are offenses related to contributing to the delinquency of a minor that a person might be charged with in addition to or instead of Penal Code 272 PC, depending on the facts of the case. Below is information about the three most common related offenses.

Sending harmful material to a minor – PC 288.2

It is illegal to send, distribute, or exhibit harmful, obscene, lewd, or lascivious material to a minor. PC 288.2 is a felony offense with more severe penalties than Penal Code 272 PC.

Furnishing alcohol to a minor – BPC 25658

Selling or furnishing alcohol to a person under 21 (the legal drinking age) is a misdemeanor offense under California Penal Code 272 PC.

Furnishing marijuana to a minor – HS 11361

In certain cases, a person might be charged with violating Health and Safety Code 11361 in addition to PC 272. Under HS 11361, it is illegal to:

• Give, sell, or offer marijuana to a person under 18 years of age
• Persuade or induce a minor to use marijuana
• Involve or employ a minor in the exchange, transportation, or sale of marijuana. 

Legal defenses against Penal Code 272 PC charges

If you’ve been charged with contributing to the delinquency of a minor, there are a number of criminal defense strategies that your criminal defense attorney may consider using to fight the accusations against you. The best strategy will depend on the facts of your individual case. Three of the most common defenses against Penal Code 272 PC charges are explained below. 

Could not control a child

It is a legal duty of a parent or guardian to maintain control and reasonable care of their minor children. However, in instances where a parent or guardian is unable to control a child despite their best efforts and reasonable care, they may not be found guilty of contributing to the delinquency of a minor. 

Didn’t know that the person was a minor

Penal Code 272 PC only applies to contributing to the delinquency of a minor and is not relevant if the person is over the age of 18. You can defend yourself against Penal Code 272 OC charges by demonstrating that you were unaware that the person was a minor or had reason to believe that they were legally an adult.

False accusation

It is not uncommon for minor children to accuse adults of violating Penal Code 272 PC in order to get attention or seek revenge on the adult. If you were unjustly accused of contributing to the delinquency of a minor, by the child or another party, you can use evidence of that false accusation to fight the charges against you. 

If you’ve been accused of contributing to the delinquency of a minor, a qualified criminal defense attorney can assist you in developing the best strategy to fight the charges against you. 

California criminal defense attorney Robert M. Helfend of the Helfend Law Group has been representing clients in the Los Angeles area for more than 40 years. Whether you’re looking to hire an experienced and defense attorney to represent you or have questions about contributing to the delinquency of a minor or other California offenses, he is ready to assist you – 800-834-6434. 

Published October 13, 2023.

Sources

---

1. California Penal Code § 272. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=272.&lawCode=PEN

References

1. California Penal Code § 273a. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273a&lawCode=PEN
2. California Penal Code § 273d(a). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273d&lawCode=PEN
3. California Penal Code § 270. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=270&lawCode=PEN
4. California Penal Code § 187(a). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=187&lawCode=PEN
5. 18 U.S. Code § 3283. https://www.law.cornell.edu/uscode/text/18/3283