The Consequences of Misdemeanor Child Abuse Under Penal Code Section 273a(b)

Being accused of misdemeanor child abuse can be devastating. For many, just hearing the words “child abuse” can elicit thoughts of cruel parents or those who would intentionally hurt children entrusted into their care. But does a charge of misdemeanor child abuse always imply something sinister? Does a criminal accusation always lead to conviction? And what are the consequences if you’re convicted of misdemeanor child abuse? Read on to find out.

How Can the Authorities Accuse Me of Misdemeanor Child Abuse?

Misdemeanor child abuse under Penal Code section 273a(b) can be alleged under any of the following scenarios:[i]

• You intentionally cause a child to suffer
• Instead of helping, you intentionally allow a child to suffer
• You intentionally cause a child to experience unjustifiable physical pain or mental suffering
• Instead of helping, you intentionally allow a child to experience unjustifiable physical pain or mental suffering
• You intentionally cause injury to the person or health of a child under your care
• Instead of helping, you intentionally allow the person or health of a child under your care to be injured
• You intentionally place a child who is under your care in a situation where the child’s person or health may be endangered
• You intentionally allow a child who is under your care to be placed in a situation where the child’s person or health may be endangered

If these scenarios occurred under circumstances where there was not a high probability of significant or substantial physical injury, then the alleged misconduct will be prosecuted only as a misdemeanor.[ii]

Instances where misdemeanor child abuse has been charged include a parent stepping out of a restaurant and leaving his child alone and unattended (intentionally placing a child in a situation endangering his or her person); an aunt driving under the influence while her niece is a passenger in the vehicle (intentionally placing a child in a situation endangering his or her person); and a babysitter, in an effort to relax a hyperactive child, blowing marijuana smoke into the face of the child (intentionally placing a child in a situation endangering his or her health).

It worked on the dog.
WHY WON’T IT WORK ON YOU?

What Can Happen If I’m Convicted of Misdemeanor Child Abuse?

If you are convicted of Penal Code section 273a(b) and receive probation, you won’t go to jail; however, you will be required to comply with the following conditions:[iii]

• Be placed on probation for a minimum of 4 years
• A criminal protective order prohibiting further abuse against the child (this may include an order to stay-away from the child or move out of your home, depending on the circumstances)
• A 52-week child abuser’s treatment program
• Random drug tests for the duration of the probationary period (if it is determined that you were under the influence of alcohol and/or drugs during the incident)

If you are not granted probation, a conviction for misdemeanor child abuse will result in a punishment of up to 6 months in jail, a fine of up to $1,000, or both jail time and a fine.[iv]

And I thought I was really good at babysitting, too.

Are There Any Defenses to Misdemeanor Child Abuse?

Yes. Parental authority is a defense to a charge of misdemeanor child abuse.

Parents can discipline their child so long as: (1) disciplining the child was necessary under the circumstances; and (2) the method used to discipline the child was reasonable under the circumstances.[vi]

For instance, a parent is not guilty of battery against his or her child if discipline was necessary and the force used to do discipline the child was reasonable. On the other hand, a parent can be guilty of the crime of false imprisonment — even if discipline was necessary — if the purpose in confining the child was unlawful, such as to endanger the child’s health or safety or to hide the child from authorities (such as a social worker) in order to avoid prosecution.[vii]

However, deciding whether disciplining a child in a given instance was necessary and, if so, whether the method used to discipline the child was reasonable is a subjective matter. If a parent asserts a defense of parental authority and takes his or her case to trial, then the issues of whether disciplinary action was appropriate and whether the method of discipline was reasonable will be decided by a jury of 12 other people who may or may not be familiar with the customs and culture of the accused parent.

Contact a Professional for Help

A conviction for child abuse can be a heavy burden to bear. In addition to the stigma of being labeled a “child abuser,” if you’re a parent, a conviction can also put your access to your children at risk.

If you or a loved a loved is one dealing with a charge of misdemeanor child abuse, please know that help is available. Michael J. Ocampo, Attorney at Law, is a skilled attorney and a former deputy district attorney. After reviewing your case, Michael will identify ways to attack the allegation of misdemeanor child abuse and will then strive to help you achieve the best outcome for your unique situation. Don’t let one criminal allegation destroy your reputation.

Contact Michael at (714) 451-6834 to schedule a no-charge, initial consultation.