Child endangerment and child abuse are often used to refer to any form of abuse meted upon a child. However, the two are separate offenses under California laws and cannot be used interchangeably. Child endangerment and child abuse have distinct legal definitions. Prosecutors charge one in place of the other based on the elements of a particular case. Child endangerment refers to a situation where a person places a child in a dangerous position, likely to result in suffering, injuries, or death. Child abuse refers to inflicting cruel corporal punishment or injury on a minor, resulting in a traumatic condition.

Child endangerment differs from child abuse, not just in its definition but in the way it is prosecuted and punished after conviction. We will cover some of those differences in this article. For more information and legal guidance, contact a competent criminal defense lawyer.

Child Endangerment

The law against child endangerment in California is under PC 273a. The law makes it an offense for anyone to willfully expose a child (any person aged below eighteen) to unjustifiable danger, suffering, or pain. You could face charges under this law for subjecting a minor to unreasonable harm even though the child does not suffer physical harm. If you do or fail to do something that causes a child to suffer or sustain injuries, you could be guilty of child endangerment. The law applies to any adult, regardless of your role in that child's life.

There are various ways through which a person can violate child endangerment laws. Everyone's case is different. Thus, prosecutors rely on the details of the case to obtain a guilty verdict from the jury. Some of the actions that could satisfy the elements of this offense include:

  • Leaving a deadly weapon like a sharp knife or loaded gun where a minor can quickly access it
  • Failing to seek medical treatment for an ill minor
  • Driving under the influence of alcohol or drugs with a child as a passenger
  • Allowing or causing a child to have a tattoo
  • Consuming illegal drugs in the presence of a child
  • Leaving a child under the care of an abusive adult

Child Abuse

California law against child abuse is under Penal Code 273d. The law makes it an offense for anyone to willfully inflict cruel corporal punishment or injuries on a minor, resulting in a traumatic condition. Child abuse cases are reported mainly by those working closely with minors, including social workers, the clergy, teachers, doctors, nurses, and child-care workers. California has a mandatory reporting requirement for specific professionals, requiring them to report any suspected child abuse case to the police.

Like child endangerment, you can violate child abuse laws in more ways than one. Any action that injures a minor is a form of child abuse if it results in a traumatic condition and is inhuman. Examples of such activities include:

  • Slapping a child and leaving a mark on their skin
  • Punching a child for poor performance in school
  • Hitting a minor with a belt more than is necessary for punishment

Corporal punishment is more physical than emotional punishment.

A traumatic condition refers to any physical injury resulting from a direct application of physical force. Even a slight bodily injury like a bruise satisfies the requirements of this offense.

Example: Mark (16) comes home late one evening to an angry father. He lost track of time while playing video games with his best friend, Zack. Mark's father is angry and scared that his son could be into something dangerous. He angrily punches his son as soon as Mark enters the front door, sending him straight to the floor. The fall caused a minor fracture in Mark's left hand.

Mark's father could be guilty of child abuse for inflicting corporal punishment on his son, resulting in a traumatic condition.

Child Endangerment Vs. Child Abuse

Child endangerment and child abuse are separate offenses, but they have several similarities. That is why they are often used interchangeably. For instance, they are both crimes against minors. California law has strict laws protecting the rights of children. Anyone below the legal age of 18 is a minor and considered incapable of defending themselves. Parents, caregivers, and all adults, in general, are charged with the responsibility of ensuring the safety of minors. Anyone found guilty of doing something or failing to do something that could put a minor at risk of injury is likely to face serious criminal charges.

Additionally, both offenses are wobblers. A wobbler offense can be prosecuted as a misdemeanor or felony, depending on the defendant's actions and criminal history. You can face charges for misdemeanor/felony child endangerment or misdemeanor/felony child abuse.

However, child endangerment and child abuse are different in several other elements. Here are some ways how child endangerment differs from child abuse:

Child Endangerment Charges Are Brought Against Anyone, Not Just Parents/Caregivers

Child abuse charges are mainly brought against people directly responsible for a child's well-being. They could be the child's parent, guardian, caregiver, or even a teacher. A person who takes direct care of a child is expected to treat them humanely. A parent punishing a child is not a big deal. But if the punishment goes beyond the expected standards, it could result in child abuse charges.

For instance, a parent that administers corporal punishment to his children for registering poor grades can face child abuse charges. A child-care worker that constantly pinches a child for failing to finish their meal is also guilty of child abuse.

But, any adult can face child endangerment charges, whether or not they are directly responsible for the child's well-being. A stranger who places their life or health at risk can face child endangerment charges. What matters is that the victim is a minor below 18, and you are an adult at the time. Your actions must also show a possibility of the child suffering harm or even losing their life.

Example: Mike lives in a neighborhood full of school-going children. He lives a carefree and sometimes dangerous life that includes taking illegal drugs. Recently, Mike developed a fantasy. He wants to see which of the young children in his neighborhood is daring enough to drive his car at high speed. Thus, he has been forcing them to drive him and threatening them with dire consequences if they tell on him to their parents.

Mike is not related to any of these children. He has no direct responsibility for these children. But, he is guilty of child endangerment by allowing children to drive, let alone drive at high speed.

Child Endangerment Does Not Necessarily Require Proof of Actual Harm

Child abuse includes infliction of actual harm on a minor, resulting in a traumatic condition. It is one of the elements that distinguish child abuse and child endangerment. The defendant's actions must result in actual harm to face child abuse charges.

Child endangerment is different as it doesn't include actual harm in its list of elements. Child endangerment includes actions of a defendant that are likely to place the life or health of a child at risk of harm. You will still face child endangerment charges if the minor did not suffer any injury.

Example: A malicious father deliberately leaves the safe open with a loaded firearm, hoping that his teenage step-son will find and use the gun. The father is still guilty of child endangerment even if the son does not see the weapon. The father's actions (deliberately leaving a dangerous weapon in a place where the minor can quickly access it) are enough to satisfy all elements of this offense.

However, the degree of harm a child suffers in a child endangerment situation determines whether the defendant will face misdemeanor or felony charges. If the child did not suffer any injury, the prosecutor would charge it with a misdemeanor. But if the child suffers physical or emotional damage, the defendant could face felony charges.

Child Endangerment Includes Criminal Negligence

The legal definition of child endangerment includes a distinct element of criminal negligence, which is lacking in the elements of child abuse. Inflicting unjustifiable pain or suffering on a child is not enough to convict a person of child endangerment if the prosecutor cannot prove that the person was criminally negligent in their actions. You must have been criminally negligent in causing or permitting a child to suffer, sustain injuries or encounter any other danger to be guilty under this law.

Criminal negligence is a more severe form of carelessness. It goes beyond ordinary carelessness, mistake of judgment, or inattention. You are considered to be criminally negligent if:

  • Your reckless action goes beyond what an ordinarily cautious person would have acted in similar circumstances. For instance, an ordinarily careful person would lock up the safe where they keep loaded guns to keep them out of reach of other family members, including minors.
  • Your actions show complete disregard for human life or an indifference to the outcome of your actions.
  • If a sensible person would know that acting the way you did would probably and naturally bring harm to others

Your behavior is regarded as criminal negligence if they are aggravated, reckless, gross, and goes against what is considered common sense. The prosecutor must prove that someone reasonable would have acted differently in a similar situation as yours.

Example: Cathy is a nanny to an autistic 10-year-old boy. The boy has trouble following instructions. Cathy sometimes becomes frustrated and lets the boy do what he wants. One afternoon as the two take a walk, the boy runs towards the street. The street is usually busy and dangerous for children. Cathy is frustrated and does nothing to stop him as she has had enough.

The autistic ten-year-old boy does not know any better. A driver of an approaching vehicle stops right on time, comes out of his car, and walks the boy back to Cathy.

Cathy is criminally negligent in allowing the boy to run to a busy street. She could face child endangerment charges even though the boy escaped unhurt.

If Cathy had tried to run after the boy with no success, she would not be considered criminally negligent even if the boy is hurt.

Prosecutors often have a hard time proving criminal negligence in cases like these. Every issue of child endangerment is unique and treated separately.

For example, a person that hands over a loaded firearm to a minor is criminally negligent even if the child does not take a shot.

Manufacturing or handling dangerous drugs in the presence of a minor could also result in child endangerment charges. You are considered criminally negligent because of allowing a minor's presence in a dangerous environment like that.

However, you are not criminally negligent if you only acted out of ordinary carelessness, were mistaken in judgment, or were simply inattentive. You could not face child endangerment charges regardless of the results.

For example, a mother leaves her children locked in the house as she goes to work, grocery shopping, or has some fun with friends. Unfortunately, a fire erupts, and neighbors quickly respond to rescue the children. This mother is grossly negligent in leaving minors unattended. However, she is not criminally negligent. She had no way of knowing that a fire could erupt in her house while she was away. Thus, she cannot be guilty under child endangerment laws even if one or more of her children were hurt.

The Difference in the Minimum Period of Probation

Child endangerment and child abuse provide probation among the penalties a defendant will likely receive after conviction. Depending on the underlying charge, probation can either be a misdemeanor or felony. However, both offenses differ in the minimum probation requirements.

Probation allows defendants to spend part of their entire jail or prison time out of incarceration. Sometimes probation is given together with jail/prison time. But, you will be under court supervision while on probation. The court gives you strict probation conditions to ensure that you are in your best conduct throughout the probation period.

Both offenses require a minimum probation period. If you are found guilty of misdemeanor child endangerment, you will be sentenced to misdemeanor probation for at least 48 months. But if you are guilty of child abuse, the minimum probation period would be 36 months.

The conditions you receive during this period will depend on the circumstances of your case. But, there are standard probation conditions for cases like these. For instance, you will be subjected to protective orders to keep the victim safe from threats and violence. In that case, you will be required to stay away from the victim, or the victim will be placed in a safe house before the final judgment on your issue.

If the court determines that you engaged in criminal acts while under the influence of alcohol or drugs, you will be required to abstain from their use throughout the probation period. You could be subjected to random testing during this period. Additionally, you will be required to stay out of trouble while on probation. You cannot commit any other offense during this period.

Child Endangerment Involves Sentence Enhancement In Case of Great Bodily Injury

Great bodily injury is legally defined as any substantial or significant physical injury. Trivial, minor, and moderate injuries are not considered great bodily injuries. The judge has complete discretion in deciding whether or not a particular injury is a great bodily injury.

Remember that in child endangerment, the child does not necessarily suffer harm. If your actions could have resulted in great bodily injury, you will be guilty as charged. And if the child suffered a great bodily injury, you will face felony child endangerment charges, punishable by prison time for a maximum of six years.

California law also provides sentence enhancement for child endangerment cases involving great bodily injury. This aspect is missing in the child abuse statute. Your felony sentence could be enhanced if the alleged victim suffered serious harm due to your criminal negligence. The enhancement can result in an additional prison term that you must serve consecutively with the underlying sentence.

If you personally caused the minor to suffer great bodily injury, you will likely receive a sentence enhancement of three to six years, based on the victim's age and the severity of their injuries.

If the child lost their life due to your criminal negligence, you would receive an additional four years in prison.

Find a Competent Criminal Lawyer Near Me

Child endangerment and child abuse are serious offenses against children in California. Both are highly punished by a lengthy prison time and hefty fines. While both statutes are closely similar, they are very different in several other aspects. Thus, prosecutors charge them differently, depending on the circumstances of your case. For more information regarding child endangerment and child abuse laws in Los Angeles, contact the LA Criminal Defense Law Firm at 310-935-1675. Our team of highly skilled and experienced lawyers has all the information you need to understand your charges better. We will also take you through the legal process and help you develop a strong defense for a fair outcome of your case.