California Penal Code 273d makes it a crime to willfully inflict cruel or inhuman corporal punishment on a child, or to cause a child an injury resulting in a traumatic condition. It is a wobbler, meaning prosecutors can file PC 273d child abuse as either a misdemeanor or a felony. A felony conviction carries two, four, or six years in state prison and a fine of up to $6,000; a misdemeanor carries up to one year in county jail and the same maximum fine.1California Legislative Information. California Code PEN 273d A conviction also brings probation conditions written into the statute itself, a protective order that can last a decade, and potential listing on a state database that can follow you into any job involving children.
What PC 273d Actually Covers
The statute creates two separate paths to a conviction, not one combined requirement. One path is willfully inflicting cruel or inhuman corporal punishment. The other is causing an injury that produces a traumatic condition. A person can be convicted for excessively harsh physical punishment even without a visible injury, or for causing a traumatic condition like a bruise, fracture, or concussion through any willful physical act.1California Legislative Information. California Code PEN 273d
“Willful” refers to the physical act, not the result. The prosecution does not have to prove you intended to injure the child, only that the contact itself was deliberate. “Traumatic condition” is interpreted broadly. It includes obvious injuries like broken bones and burns, and also wounds, bruises, and internal injuries. In some circumstances, psychological trauma can qualify as well.
PC 273d is the physical-abuse-with-injury statute. California’s broader child endangerment law, PC 273a, is a separate charge covering conduct that places a child’s health or safety at risk without necessarily involving direct physical harm. The two are often filed together, but they are distinct offenses with different elements.
Misdemeanor or Felony?
PC 273d is filed as a felony by default, but prosecutors or the court can reduce it to a misdemeanor. The main factors are the severity of the child’s injuries, the defendant’s criminal history, and any pattern of prior abuse. A first-time incident producing minor bruising is more likely to be filed as a misdemeanor than one involving fractures or repeated conduct.
Prison Time and Fines
A felony conviction carries two, four, or six years in state prison, or up to one year in county jail, plus a fine of up to $6,000. A misdemeanor carries up to one year in county jail and the same $6,000 maximum fine.1California Legislative Information. California Code PEN 273d
Sentence Enhancements That Change the Math
The base sentence is only the starting point. Two enhancements can push a 273d sentence well past the six-year ceiling.
If you have a prior PC 273d conviction within the preceding ten years, the court must add a four-year enhancement to the new sentence.1California Legislative Information. California Code PEN 273d A second offense can realistically produce a ten-year prison term.
Separately, PC 12022.7 adds additional prison time when the defendant personally inflicted great bodily injury during the offense. The general enhancement is three years. When the victim is a child under five years old, the enhancement increases to four, five, or six additional consecutive years in state prison.2California Legislative Information. California Code PEN 12022.7 A felony 273d conviction with a GBI finding against a young child can produce a combined sentence over ten years.
Probation Conditions Written Into the Statute
If the court grants probation, PC 273d itself dictates the minimum conditions. Probation must last at least 36 months. The court must issue a criminal protective order shielding the child from further violence or threats. The defendant must complete at least one year of a child abuser’s treatment counseling program.1California Legislative Information. California Code PEN 273d
Enrollment in the counseling program must happen immediately upon being granted probation. Proof of enrollment goes to the court within 30 days, followed by quarterly progress reports. If drugs or alcohol were involved in the offense, the court adds abstinence requirements and random drug testing for the entire probation period. The court can waive any of these conditions only by making an on-the-record finding that doing so serves the interests of justice, which judges rarely do. Probation cannot be terminated early until all counseling program fees are paid, though fees can be reduced or waived if the defendant’s financial circumstances change.
When the abuse occurs in a domestic-violence context, such as a parent abusing their own child, the probation conditions under PC 1203.097 may apply on top of the 273d conditions, including a batterer’s intervention program.3California Legislative Information. California Code, Penal Code – PEN 1203.097
Protective Orders
Criminal protective orders are standard in 273d cases, both while the case is pending and as a sentencing condition. The order can prohibit contact with the child, require the defendant to move out of a shared residence, and bar the defendant from coming within a specified distance of the child’s home or school. Under PC 136.2, a protective order issued at sentencing can remain in effect for up to ten years, with the duration set based on the facts and the likelihood of future violations.4California Legislative Information. California Code, Penal Code – PEN 136.2 Violating the order is a separate criminal offense that can lead to immediate arrest.
Defenses to a PC 273d Charge
Reasonable parental discipline is the most common defense. California law allows parents to use physical force to discipline their children; spanking is not automatically illegal. The question is whether the force was excessive or produced actual injury. Using a belt or paddle does not by itself constitute abuse, but leaving lasting marks, causing bruising, or striking a child in the head moves the conduct from discipline into criminal territory. The prosecution bears the burden of proving the force was not reasonable discipline.
Accident is another viable defense. Children get hurt during normal play, and not every injury is the result of abuse. If the injury was unintentional, such as a fall during roughhousing, the willfulness element fails.
False accusations also come up, particularly in contested custody disputes where one parent may allege abuse to gain leverage. Defense work in these cases focuses on the accuser’s motive, inconsistencies in the child’s statements, and the timing of the allegations relative to the custody proceedings.
CPS and the Child Abuse Central Index
A criminal case is only one track. When child abuse is reported, the county’s child welfare agency, typically the Department of Children and Family Services, opens a concurrent investigation. Law enforcement decides whether a crime occurred; DCFS decides whether the child needs protective services. The agency uses a lower standard of proof than criminal court, substantiating a report when the evidence makes it more likely than not that abuse occurred.
If DCFS determines the child is in immediate danger, a social worker can remove the child from the home with parental consent, a court order, or in emergency circumstances. Even when the child stays home, the agency may require a safety plan or services.
Substantiated reports are forwarded to the Child Abuse Central Index, a statewide database administered by the California Attorney General’s office.5State of California – Department of Justice. Child Abuse Central Index CACI listings are used to screen applicants for jobs in child care facilities and foster homes and factor into background checks for adoption and other child placements. A listing can effectively disqualify a person from any career involving children, and it persists even without a criminal conviction, because the substantiated CPS finding alone is enough to trigger it. Someone who believes they were wrongly listed can request a grievance hearing to challenge the finding.