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Understanding Child Abuse Laws in California
As a critical issue that has plagued every US state for decades now, crimes of child abuse are met with the utmost seriousness throughout the US. California in particular, is extremely strict and actionable with the implementation and enforcement of these laws, showcasing dedication to protecting the youngest, most vulnerable members of our population.
Even with the help of the best child abuse defense lawyer San Diego has to offer, those accused of these (and related) offenses are looking at an uphill legal battle, due to the very nature and severity of the crime. For these reasons, it is imperative to gain clarity on what child abuse actually means and how it is defined by the California legal system.
What counts as child abuse?
In general terms, child abuse can be defined as any intentional act that causes physical, emotional, or psychological damage to a child under the age of 18. Child abuse can take several forms and includes:
- Physical abuse: Bodily injury inflicted by other than accidental means (i.e. willful cruelty, corporal punishment, unjustifiable punishment);
- Sexual abuse: Any sexual activity with a child (i.e fondling, molestation, rape, incest, indecent exposure, exploitation in any way including pornography)
- Emotional abuse: Consistent and deliberate infliction of emotional or mental harm through non-physical mistreatment (i.e. verbal abuse, humiliation, isolation, intimidation, etc.)
- Neglect: Failure to provide care, supervision, or basic needs (e.g. food, shelter, education, medical attention, etc.) resulting in harm or potential harm to the child’s well-being or development.
What is the penal code 273d in California?
The above definition is quite broad since it covers many different facets of child abuse, therefore necessitating further delineation, which comes in the form of the California Penal Code PC 273d. This piece of legislation specifically deals with inflicting corporal punishment on a child and defines the crime of physical child abuse and related sentences, stating:
- “Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars, or by both that fine and imprisonment.”
For the purposes of understanding the crime itself, we’ll focus on the first part of the definition to extrapolate the elements of the offense:
- “Willfully”: The act was committed on purpose, even if there was no intention to break the law.
- “Child”: A person under the age of 18; a minor;
- “Cruel or inhuman”: Performed without mercy or rationale; exceeding reasonable or acceptable disciplinary standards;
- “Corporal punishment”: Using physical force that results in bodily harm;
- “Traumatic physical condition”: Any type of bodily injury or harm caused by the usage of physical force (regardless of the severity).
What are examples of child abuse?
Finally, here are some real-life examples to help us even better understand which acts can be considered physical child abuse under CA PC 273d:
- Hitting a child with either hands or objects (e.g. belts, sticks, etc.);
- Burning a child with cigarettes, hot water, or any other extremely hot object;
- Shaking an infant and causing “shaken baby syndrome”
- Punching a child in the stomach, chest, face, or any other part of the body;
- Kicking a child hard enough to cause fractures, bruising, or internal injuries;
- Choking or causing any type of breathing difficulties to a child;
- Forcing physical labor that is beyond the child’s capacity, leading to injuries.
Where can I find a specialist child abuse defense lawyer near me in San Diego?
If you’re accused of child abuse or facing charges for any other domestic violence crime, such as spousal assault and battery or abuse of the elderly, there’s no one better to turn to for legal aid North, South, or East of Mission Bay than Monder Criminal Lawyer Group.
With us, you’ll have an experienced and strategic team of veritable specialists, dedicated to spearheading your case with relentless fervor to give you the best possible shot at a positive outcome. Reach out to us today and let us fight for your liberty!
