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California Penal Code Section 273(d) PC: Child Abuse / Inflicting Physical Punishment On A Child

May 30, 2022

Penal Code 273d PC is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor, the maximum sentence is one year in county jail and/or up to $6,000 in fines. If charged as a felony, the maximum sentence is six years in state prison and/or up to $10,000 in fines.

What are some examples of child abuse?

Child abuse can take many forms including physical violence (hitting), emotional cruelty (yelling at or belittling), sexual molestation (touching), neglect (not providing food or shelter) and mental illness (exposing children to drug use). Child abuse also includes exposing children to domestic violence between parents. The legal definition of child abuse under Penal Code Section 273d PC requires that the physical punishment inflicted on the child be done with cruel or inhuman intent. This means that if you accidentally injure your child while disciplining them with physical force then you have not committed an act of child abuse under Penal Code Section 273d PC. However, if you intentionally inflict serious bodily injury on your child then you may be guilty of committing an act of aggravated assault against your own son or daughter pursuant to Penal Code Section 245(a)(1) PC – Assault with a Deadly Weapon – which carries much more severe penalties than simple assault under Penal Code 240 PC – Simple Assault . In addition, if you intentionally inflict great bodily injury on your son or daughter then you may be guilty of committing an act of mayhem pursuant to Penal Code section 203(a) PC – Mayhem , which carries even more severe penalties than aggravated assault under Penal Code 245(a)(1) PC . Finally, if someone else intentionally inflicts great bodily injury on your son or daughter then they may be guilty of attempted murder pursuant to California Penal Code 664/187(a)PC -Attempted Murder .

What are the possible defenses to child abuse?

There are a number of possible defenses to child abuse charges. Some of the more common ones include:

You were reasonably disciplining your child; You did not intend to inflict physical punishment on your child; You did not intend to inflict serious bodily injury on your child; Your actions were accidental and you did not mean for them to cause any harm.

What are the consequences of a child abuse conviction?

If you are convicted of child abuse, you will be required to register as a sex offender pursuant to California Penal Code Section 290 PC. You will also be subject to a restraining order that will prevent you from having any contact with your victim. If the victim is your own son or daughter then this may result in losing custody of your child. Finally, if you are employed in certain professions such as teaching or coaching then a child abuse conviction may result in losing your job and/or being unable to obtain employment in those fields.



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