PC 273.5 Explained: California Corporal Injury Law

California Penal Code section 273.5 makes it a crime to willfully inflict a corporal injury that results in a traumatic condition on a spouse or former spouse, a cohabitant or former cohabitant, a fiance or current or former dating partner, or the other parent of the offender's child. The official jury instructions describe it as inflicting injury on a spouse, cohabitant, or fellow parent resulting in a traumatic condition.

This page covers what each subdivision of section 273.5 says, what the prosecution has to prove under California's official jury instruction, the penalties for a first offense and for an offense with a prior conviction, and the probation and protective-order rules written into the section. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 273.5 PC says

Section 273.5 runs from subdivision (a) to (k). The first five define the offense; the rest deal with repeat offenses, probation, restitution, protective orders, and arrests.

273.5(a): the offense

"A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment."

273.5(b): who counts as a victim

The section applies only if the victim "is or was" one or more of the following:

1. The offender's spouse or former spouse.
2. The offender's cohabitant or former cohabitant.
3. The offender's fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in Penal Code section 243(f)(10).
4. The mother or father of the offender's child.

Subdivision (c) adds that holding oneself out as the spouse of the person one lives with "is not necessary to constitute cohabitation." Subdivision (e) says a person is considered the father or mother of another person's child if the alleged male parent is presumed the natural father under Family Code sections 7611 and 7612.

273.5(d): "traumatic condition"

"'traumatic condition' means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, 'strangulation' and 'suffocation' include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck."

The words "whether of a minor or serious nature" matter. The statute does not require a serious injury, only a bodily condition caused by physical force.

What the prosecution has to prove

The official jury instruction is CALCRIM No. 840, "Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition (Pen. Code, § 273.5(a))," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that:

1. The defendant willfully inflicted a physical injury on a person in one of the listed relationships.
2. The injury inflicted by the defendant resulted in a traumatic condition.

When the evidence raises it, a third element requires the prosecution to prove the defendant did not act in self-defense or in defense of someone else. California's self-defense rules are covered in California self-defense laws.

The instruction also gives optional definitions, used when they fit the case:

• Cohabitants: "two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship." Factors that may be considered include sexual relations while sharing a residence, sharing income or expenses, joint use or ownership of property, holding themselves out as spouses or domestic partners, the continuity of the relationship, and its length. A person may cohabit with two or more people at different locations during the same period, if the person maintains substantial ongoing relationships with each and lives with each for significant periods.
• Dating relationship: "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement."
• Causation: a traumatic condition is the result of an injury if it was the natural and probable consequence of the injury, the injury was a direct and substantial factor in causing it, and the condition would not have happened without the injury.

Penalties under 273.5 PC

First offense

Subdivision (a) sets state prison for two, three, or four years, or county jail for up to one year, or a fine of up to $6,000, or both the fine and imprisonment.

The section labels the offense a felony. Because its penalty clause also allows county jail or a fine, Penal Code section 17(b) can apply. Section 17(b) lists when a crime punishable in the court's discretion either way "is a misdemeanor for all purposes," including after a judgment imposing a punishment other than state prison or county jail under section 1170(h), when the court grants probation and declares it a misdemeanor, and when the prosecutor files a misdemeanor complaint and the defendant does not object. Offenses with this structure are commonly called "wobblers."

With a prior conviction within seven years: 273.5(f)

Subdivision (f) raises the range when the new acts occurred within seven years of a previous conviction:

• (f)(1) For a prior conviction under 273.5(a), 243(d), 243.4, 244, 244.5, or 245: county jail for up to one year, or state prison for two, four, or five years, or both imprisonment and a fine of up to $10,000.
• (f)(2) For a prior conviction under 243(e), which is domestic battery: state prison for two, three, or four years, or county jail for up to one year, or a fine of up to $10,000, or both imprisonment and fine.

Probation, payments, and protective orders

Probation conditions: 273.5(g) and (h)

If probation is granted after a conviction under subdivision (a), subdivision (g) requires the court to impose probation "consistent with the provisions of Section 1203.097." This page does not summarize section 1203.097's terms; its official text lists them.

Subdivision (h) adds mandatory jail time as a probation condition for a defendant with a prior conviction for an offense listed in subdivision (f):

• One prior within the previous seven years: county jail for not less than 15 days.
• Two or more priors within the previous seven years: county jail for not less than 60 days.

Under subdivision (h)(3), the court may decline to impose that mandatory jail time on a showing of good cause, and must state its reasons on the record.

Payments in place of a fine: 273.5(i)

When probation is granted, the court may require, in place of a fine, payments to a domestic violence shelter-based program of up to $5,000, reimbursement of the victim's reasonable counseling costs and other reasonable expenses that directly result from the offense, or both. The court must determine the defendant's ability to pay first. A shelter payment order may not be made if it would impair the defendant's ability to pay direct restitution to the victim or court-ordered child support.

Where the victim is the defendant's spouse or registered domestic partner, community property may not be used to pay the defendant's restitution or shelter obligations to the injured spouse or partner until all of the defendant's separate property is exhausted.

Protective orders: 273.5(j)

On a conviction under subdivision (a), the sentencing court "shall also consider issuing an order restraining the defendant from contact with the victim, which may be valid for up to 15 years." The section says the length should be based on the seriousness of the facts, the probability of future violations, the safety of the victim and their immediate family, and information provided under section 273.75.

The order may be issued whether the defendant is sentenced to state prison or county jail, or placed on probation. On written petition by the prosecutor, the defendant, or the victim, the court may modify or end the order for good cause, with at least 15 days' notice to all three before the hearing. Broader protective-order options are covered in California restraining order laws.

Arrests: 273.5(k)

When a peace officer makes an arrest under section 273.5, the officer "is not required to inform the victim of their right to make a citizen's arrest" under section 836(b).

Related sections

• Penal Code section 243. Subdivision (e) on domestic battery and subdivision (f)(10) defining a dating relationship, both cross-referenced in section 273.5. Official text. See also our PC 242 battery explainer.
• Penal Code section 245. Assault with a deadly weapon or force likely to produce great bodily injury, a qualifying prior under 273.5(f)(1). See our PC 245 explainer.
• Penal Code section 646.9 (stalking). Subdivision (c)(1) sets a higher range for stalking by someone previously convicted of a felony under section 273.5, 273.6, or 422: county jail up to one year, a fine up to $1,000, or both, or state prison for two, three, or five years. Official text. Criminal threats under section 422 are covered in our PC 422 explainer.
• Penal Code section 1203.097. Probation terms required by 273.5(g). Official text.
• Penal Code section 17. Felony and misdemeanor classification. Official text.

Other statute explainers are collected in our statutes library.

Recent changes

The official history note for section 273.5 reads: "Amended by Stats. 2024, Ch. 649, Sec. 1.5. (AB 2308) Effective January 1, 2025." The note does not describe what the amendment changed. The text quoted on this page is the version published on the Legislature's site as of October 20, 2026.

What happens after an arrest for 273.5 PC

A "273.5" on a booking record is the arresting agency's charge. The prosecutor decides whether to file a corporal injury charge, a different charge such as domestic battery, or nothing, and whether to file it as a felony or a misdemeanor. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California assault and battery laws covers the related offenses.

Disclaimer

This page explains what California Penal Code section 273.5 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. Domestic violence cases carry consequences beyond the sentence itself, including probation terms and protective orders, so anyone facing a 273.5 charge should speak with a criminal defense lawyer licensed in California. Anyone in danger can call 911.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 273.5 PC a felony or a misdemeanor?

Section 273.5(a) calls the offense a felony, but its penalty clause also allows county jail for up to one year or a fine of up to $6,000. Because of that, Penal Code section 17(b) can make it a misdemeanor for all purposes in listed circumstances, such as when the court grants probation and declares it a misdemeanor.

What is the sentence for 273.5 PC?

For a first offense, state prison for two, three, or four years, or county jail for up to one year, or a fine of up to $6,000, or both. With a prior conviction within seven years under 273.5(a), 243(d), 243.4, 244, 244.5, or 245, subdivision (f)(1) allows county jail up to one year or state prison for two, four, or five years, or both imprisonment and a fine of up to $10,000. With a prior domestic battery conviction under 243(e), subdivision (f)(2) keeps the two, three, or four year prison range but raises the fine limit to $10,000.

What is a traumatic condition under 273.5?

Section 273.5(d) defines it as a condition of the body, such as a wound or an external or internal injury, whether minor or serious, caused by a physical force. It expressly includes injury from strangulation or suffocation.

Does choking count under 273.5?

The statute's definition of traumatic condition includes injury as a result of strangulation or suffocation, and defines both to include impeding a person's normal breathing or blood circulation by applying pressure on the throat or neck.

Who is a victim under 273.5?

A current or former spouse, a current or former cohabitant, a fiance or current or former dating partner, or the mother or father of the offender's child.

Can a judge issue a restraining order in a 273.5 case?

Yes. Section 273.5(j) requires the sentencing court to consider an order restraining the defendant from contact with the victim, which may be valid for up to 15 years, whether the sentence is prison, jail, or probation.

Is jail mandatory for a second 273.5 offense?

If probation is granted to a defendant with a qualifying prior within seven years, section 273.5(h) requires at least 15 days in county jail for one prior and at least 60 days for two or more, unless the court finds good cause not to impose it and states its reasons on the record.