What Does §273d Prohibit? 

“Child abuse” is a term that is used broadly in general conversation, but it also has a specific legal meaning in California. §273d prohibits willfully inflicting “cruel or inhuman” corporal punishment on a child. The same section makes it a crime to willfully inflict an injury that causes a “traumatic condition.” For purposes of this section, “child” may apply to any person under the age of 18. 

Parents in California are legally permitted to use corporal punishment, such as spanking. However, excessive physical punishment is a serious crime. It may be difficult as a parent to understand exactly where that line is. Here are some examples of actions that may violate §273d. 

Joe catches his young son playing with a lighter and, hoping to teach the child about the dangers of fire, burns the child’s hand with the flame. 

Susan uses a paddle to spank her daughter for several minutes, leaving welts and bruises on the child’s skin. 

Similarly, injury resulting in a traumatic condition is generally defined as any observable, substantial injury. Some examples of actions that may violate this provision include: 

Jill becomes frustrated with a toddler she is babysitting for and shakes him hard, resulting in bruising in his brain.

Fred is angry that local children have continued to cut across his lawn on their way home from school and begins throwing rocks at them as they pass, hitting one child with a rock and leaving a bruised lump on his shoulder.

Note that the condition may be observable only by a medical professional, such as an internal injury.

What Does the Prosecution Have to Prove in a California Child Abuse Case? 

§273d addresses two different circumstances. So, a prosecuting attorney can prove a child abuse case by proving each element in either set below. 

Cruel or Inhuman Corporal Punishment

• The act was willful
• The victim was under the age of 18
• The defendant imposed corporal punishment on the child
• The punishment was unduly severe

 

Injury Resulting in a Traumatic Condition

• The act was willful
• The victim was under the age of 18
• The defendant inflicted an injury on the child
• The injury was observable and substantial

 

What are the Possible Penalties if Convicted of Child Abuse in California? 

Child abuse under either definition above is a felony in California. The possible penalties include:

• Incarceration of up to one year in county jail or up to six years in prison
• A fine of up to $6,000

The conviction may have other direct consequences, including: 

• Probation, with a mandatory term of at least 36 months
• A protective order for the victim, which may include limitations on contact and exclusion from the home
• Mandatory participation in child abuser’s counseling
• Random drug testing, if substance abuse was involved in the crime

There may also be serious indirect consequences, such as exclusion from certain career paths and social stigma. 

What are the Defenses to a California Child Abuse Charge? 

The best defense to a child abuse charge will depend on the circumstances surrounding the charge. So, the best way to get advice about your specific case is to speak to an experienced California child abuse lawyer. Some common defenses to child abuse charges include: 

• Arguing lack of intent

Ellie’s child has a spiral fracture in her arm, which is often caused by twisting of the arm. Ellie admits that the fracture was likely caused when she yanked the child by her arm, but argues that she did not intend to punish or injure her–rather, she was attempting to pull the child out of the path of a motorized scooter that was racing down the sidewalk toward her and accidentally injured her arm.

• Arguing that the punishment was not cruel or inhuman

Frank spanks his child and the child complains to his teacher the next day. The teacher contacts authorities. Frank asserts his right to use corporal punishment and argues that the punishment was not excessive. 

• Asserting that the defendant did not commit the act

Bill is accused of whipping his daughter with a belt, breaking the skin. Bill asserts that he did not spank the child at all, and her injuries must have come from some other source.

Because the prosecution must prove each element of the crime beyond a reasonable doubt, uncertainty about any of these elements could result in acquittal. For example, if a jury is unsure whether Ellie yanked her child’s arm because she was angry that the child was running ahead or because she was trying to protect her, they are required to find her not guilty.

Next Steps if You’ve Been Charged with Child Abuse
Child abuse charges are serious, and honest mistakes that can hurt your case and put your future–and your relationship with your children–at risk. If you’ve been accused of child abuse in Southern California, talk with an experienced criminal defense attorney right away. You can schedule a consultation right now by calling (888) 579-4844 or submitting your information to us electronically.