Penal Code 273a is California’s child-endangerment law. The misdemeanor version, subdivision (b), covers willfully causing a child to suffer, or endangering a child, under circumstances not likely to produce great bodily harm or death.
The felony version, subdivision (a), applies when the circumstances are likely to produce great bodily harm or death. Willfulness is the dividing line from an accident.
What PC 273a(b) Says
PC 273a(b) reaches a person who willfully causes or permits a child to suffer unjustifiable physical pain or mental suffering, or willfully causes or permits a child’s person or health to be endangered — under circumstances not likely to produce great bodily harm or death. The conduct has to be willful: an accident or a genuine lapse is not this crime.
Misdemeanor or Felony?
The single fact that separates the misdemeanor (273a(b)) from the felony (273a(a)) is whether the circumstances were likely to produce great bodily harm or death. Much of the fight in these cases is over that line — and much of what gets charged as endangerment is really an ordinary parenting or supervision situation.
Defenses
- Not willful. An accident, a momentary lapse, or a reasonable parenting decision is not willful endangerment.
- No real danger. The circumstances did not actually endanger the child’s health or safety.
- False or exaggerated allegation — these cases often arise from custody disputes or a misread situation.
- judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) may resolve an eligible case without a conviction.
Frequently Asked Questions
Is child endangerment a felony or a misdemeanor in California?
PC 273a can be either. Subdivision (b) is the misdemeanor version, for circumstances not likely to produce great bodily harm or death. Subdivision (a) is the felony version, for circumstances that are likely to produce great bodily harm or death.
What does 'willfully' mean in a PC 273a case?
It means the conduct was done willingly or on purpose. An accident, a genuine lapse, or a reasonable parenting decision is not willful — and PC 273a requires willful conduct, which is often the difference between a charge and a defense.
What are common defenses to child endangerment?
That the conduct was not willful (an accident or reasonable decision), that the circumstances did not actually endanger the child, or that the allegation is false or exaggerated — these cases frequently arise from custody disputes or a misread situation.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com