A conviction under California Penal Code 273a carries up to six months in county jail if charged as a misdemeanor, or two, four, or six years in state prison if charged as a felony. Child endangerment penalties under PC 273a also include a mandatory four-year probation term and a year-long treatment program whenever probation is granted, regardless of whether the conviction is a misdemeanor or a felony.
Felony or Misdemeanor: Which Tier Applies
PC 273a is a wobbler. The same conduct can be charged either way, and the line between the two is set by how dangerous the circumstances were. If the situation was likely to produce great bodily harm or death, prosecutors can charge under subsection (a), the felony tier. If the risk fell short of that threshold, subsection (b) applies and the offense is a straight misdemeanor.1California Legislative Information. California Penal Code 273a
“Great bodily harm” means a significant or substantial injury, not a minor scrape or bruise. The prosecution does not need to prove that great bodily harm actually occurred, only that the circumstances made it a likely result. A toddler left alone near an unfenced pool creates a situation likely to produce death even if the child is found unharmed, and that scenario would support felony charges.
Even when prosecutors file under subsection (a), they retain discretion to treat the case as a misdemeanor. The specific facts, your criminal history, and whether the child was actually hurt all influence the final charging decision.
Misdemeanor Penalties
A misdemeanor conviction under PC 273a(b) carries up to six months in county jail.1California Legislative Information. California Penal Code 273a Because the statute does not specify its own fine amount, the default California misdemeanor fine of up to $1,000 applies. The court can impose jail, the fine, or both.
The lower jail exposure can be misleading. A misdemeanor conviction triggers the same probation conditions as a felony, including the mandatory counseling program and four-year probation term described below. The long-term obligations are identical.
Felony Penalties
A felony conviction under PC 273a(a) is punished by two, four, or six years in state prison.1California Legislative Information. California Penal Code 273a The judge selects the specific term based on aggravating and mitigating circumstances. Because PC 273a does not set its own fine, Penal Code 672 authorizes a fine of up to $10,000 for any felony that lacks a specified amount.2California Legislative Information. California Penal Code PEN 672
Felony sentences are served in state prison rather than county jail, and they carry much heavier downstream consequences. Any profession that requires working with children or vulnerable populations will almost certainly close off after a felony child endangerment conviction. Licensing boards in nursing, teaching, and medicine routinely treat this type of conviction as directly related to fitness for the profession.
Four-Year Enhancement When a Child Dies
If felony child endangerment results in a child’s death, Penal Code 12022.95 adds a four-year sentence enhancement on top of the base prison term.3California Legislative Information. California Penal Code 12022.95 The enhancement must be specifically alleged in the charging document and either admitted by the defendant or proven at trial. Combined with the maximum six-year base term, total exposure reaches ten years in state prison.
Mandatory Probation Conditions
When a judge grants probation for any PC 273a conviction, misdemeanor or felony, several minimum conditions apply by law:1California Legislative Information. California Penal Code 273a
- A four-year probation term. The minimum period is 48 months, substantially longer than probation for most misdemeanors.
- A child abuser’s treatment counseling program lasting at least one year, approved by the probation department. Enrollment must begin immediately when probation is granted, and you must provide proof of enrollment to the court within 30 days along with quarterly progress reports.
- A criminal protective order shielding the child from further harm or threats. The order can include stay-away conditions or residence exclusion.
- If the offense involved drugs or alcohol, complete abstention during probation and random drug testing.
Probation cannot be terminated early until all fees owed to the counseling program are paid in full, though the court can reduce or waive those fees if your financial circumstances change. A judge has discretion to waive any of these conditions when doing so serves the interests of justice, but must state the reasons on the record.
Immigration Consequences
A PC 273a conviction creates serious immigration exposure. The Board of Immigration Appeals has held that child endangerment offenses can qualify as a “crime of child abuse” under federal immigration law, which is a deportable offense for non-citizens.4U.S. Department of Justice. Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024) The analysis turns on whether the statute requires a sufficient likelihood of harm to the child. Because PC 273a(a) specifically requires circumstances “likely to produce great bodily harm or death,” felony convictions under that subsection face the highest deportation risk. Misdemeanor convictions can also trigger removal proceedings depending on the specific facts. If you are not a U.S. citizen, speak with an immigration attorney before accepting any plea on a child endangerment charge.
Who the Statute Reaches
PC 273a does not only apply to parents. “Care or custody” is interpreted broadly, and babysitters, relatives watching a child for the afternoon, and live-in partners all qualify. The statute also requires willfulness, meaning you acted intentionally or knew about a danger and failed to act. A genuine accident where no one could have anticipated the risk does not meet that standard, but ignoring an obvious hazard does. And the child does not need to suffer an actual injury for the charge to stick: creating or tolerating a dangerous situation is enough.1California Legislative Information. California Penal Code 273a
Expungement After Probation
If you complete probation successfully, you can petition for expungement under Penal Code 1203.4. This applies to both misdemeanor and felony PC 273a convictions where probation was granted. Expungement lets you withdraw your guilty plea and have the case dismissed, which helps with employment background checks. An expunged conviction still counts as a prior if you face future criminal charges, and certain professional licensing applications still require disclosure. A felony conviction that resulted in a state prison sentence rather than probation follows a different and more limited process for relief.