273a PC Explained: California Child Abuse and Endangerment

California Penal Code section 273a makes it a crime to willfully cause or permit a child to suffer, to inflict unjustifiable physical pain or mental suffering on a child, or, for someone with care or custody of a child, to willfully cause or permit the child to be injured or placed in a situation where the child's person or health is endangered. The section splits on how dangerous the circumstances were: subdivision (a) covers circumstances likely to produce great bodily harm or death, and subdivision (b) covers all other circumstances.

This page explains both subdivisions, what the prosecution has to prove under the official jury instructions, the penalty ranges, and the probation conditions the section requires. 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 273a PC says

Subdivisions (a) and (b) describe the same four kinds of conduct. A person may:

• willfully cause or permit a child to suffer unjustifiable physical pain or mental suffering;
• inflict unjustifiable physical pain or mental suffering on a child;
• while having care or custody of a child, willfully cause or permit the child's person or health to be injured; or
• while having care or custody of a child, willfully cause or permit the child to be placed in a situation where the child's person or health is endangered.

What separates the two subdivisions is the danger level of the circumstances.

273a(a): circumstances likely to produce great bodily harm or death

"Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years."

273a(b): all other circumstances

Subdivision (b) uses the same conduct language, but "under circumstances or conditions other than those likely to produce great bodily harm or death," and covers a situation where the child's person or health "may be endangered." A person who violates it "is guilty of a misdemeanor."

About "273aa"

Searches and records sometimes show "273aa." The Penal Code has no section numbered 273aa: the official list of sections in Chapter 2 of Title 9 goes from 273a to 273ab. Read with parentheses, 273a(a) means section 273a, subdivision (a). This page uses that form throughout.

What the prosecution has to prove

The Judicial Council of California publishes the official jury instructions (CALCRIM, 2026 edition): No. 821, "Child Abuse Likely to Produce Great Bodily Harm or Death (Pen. Code, § 273a(a))," and No. 823, "Child Abuse (Misdemeanor) (Pen. Code, § 273a(b))."

Under CALCRIM No. 821, the prosecution must prove that:

1. The defendant did one of the four acts: willfully inflicted unjustifiable physical pain or mental suffering on a child; willfully caused or permitted a child to suffer it; while having care or custody of a child, willfully caused or permitted the child's person or health to be injured; or, while having care or custody, willfully caused or permitted the child to be placed in a situation where the child's person or health was endangered.
2. The defendant did so under circumstances or conditions likely to produce great bodily harm or death.
3. For the caused-or-permitted and care-or-custody versions, the defendant was criminally negligent.

When the parental right to discipline is at issue, a further element requires proof that the defendant did not act while reasonably disciplining a child. CALCRIM No. 823 for 273a(b) has the same structure without the great-bodily-harm element.

Key definitions from the instructions:

• Likely to produce great bodily harm or death "means the probability of" great bodily harm or death "is high."
• "Great bodily harm means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm."
• "A child is any person under the age of 18 years."
• "Unjustifiable physical pain or mental suffering is pain or suffering that is not reasonably necessary or is excessive under the circumstances."
• "Someone commits an act willfully when he or she does it willingly or on purpose."

Criminal negligence "involves more than ordinary carelessness, inattention, or mistake in judgment." Under the instructions, a person acts with criminal negligence when the person acts in a reckless way that is a gross departure from how an ordinarily careful person would act in the same situation, the acts amount to disregard for human life or indifference to the consequences, and a reasonable person would have known that acting that way would naturally and probably result in harm to others.

CALCRIM No. 821 also tells jurors: "A child does not need to actually suffer great bodily harm. But if a child does suffer great bodily harm, you may consider that fact, along with all the other evidence, in deciding whether the defendant committed the offense."

Penalties under 273a PC

Penal Code section 19 reads: "Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both."

Misdemeanor or felony?

Subdivision (a) allows either county jail or state prison, so it is a wobbler: it can be handled as a misdemeanor or a felony. Penal Code section 17(b) lists when such an offense becomes 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. Subdivision (b) is a misdemeanor only.

Penal Code section 1192.7(c), the serious felony list, does not name section 273a. Other items on that list can still apply to a felony where their own terms are met, such as (c)(8), "any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm." How that applies in a given case is outside this page.

Mandatory probation conditions under 273a(c)

If a person is convicted under section 273a and probation is granted, subdivision (c) requires the court to impose these minimum conditions:

1. A mandatory minimum period of probation of 48 months.
2. A criminal court protective order protecting the victim from further acts of violence or threats and, if appropriate, residence exclusion or stay-away conditions.
3. Successful completion of no less than one year of a child abuser's treatment counseling program approved by the probation department, starting immediately on the grant of probation, with proof of enrollment within 30 days and quarterly progress reports. The program must meet the criteria in section 273.1, which this page does not cover.
4. If the offense was committed while the defendant was under the influence of drugs or alcohol, abstaining from drugs and alcohol during probation, with random drug testing.

Probation is not lifted until all reasonable counseling program fees are paid, but it may not be extended beyond the term in section 1203.1(a), and the court may reduce or waive the fees if the defendant cannot pay because of changed circumstances. Under 273a(c)(5), the court may waive any of these minimum conditions "upon a finding that the condition would not be in the best interests of justice," and must state its reasons on the record.

Related sections

• Penal Code section 273d. Willfully inflicting cruel or inhuman corporal punishment or an injury resulting in a traumatic condition on a child. See our PC 273d explainer.
• Penal Code section 12022.95. Adds a four-year enhancement for each violation, in addition to the sentence for the 273a conviction, where the violation was committed under circumstances or conditions likely to produce great bodily harm or death and the pain, injury, or harm results in the child's death. It applies only if the allegation is included in the accusatory pleading and admitted by the defendant or found true by the trier of fact. Official text.
• Penal Code section 273ab. A separate offense for a person having the care or custody of a child under eight who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury. If the assault results in the child's death, the punishment is state prison for 25 years to life; if it results in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, state prison for life with the possibility of parole. Official text.
• Penal Code section 273.1. The counseling program criteria that 273a(c)(3) refers to; this page does not cover its contents.
• Penal Code section 1203.1. The probation term limit that 273a(c)(3)(B) refers to; this page does not cover its contents.
• Penal Code section 17. Felony and misdemeanor classification. Official text.

The official history note for section 273a reads: "Amended by Stats. 1997, Ch. 134, Sec. 1. Effective January 1, 1998."

Other statute explainers are collected in our statutes library.

What happens after an arrest for 273a PC

A "273a" or "273a(a)" on a booking record is the arresting agency's charge. The prosecutor decides which subdivision, if any, to file, and whether to file 273a(a) as a misdemeanor or a felony. The first court appearance, the arraignment, is where the filed charge is read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California felony and misdemeanor classes explains how California grades offenses.

Disclaimer

This page explains what California Penal Code section 273a 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. A 273a case can also involve child welfare and family court proceedings that this page does not cover, so anyone facing a charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 273a a felony in California?

273a(a) can be either. It allows county jail up to one year or state prison for two, four, or six years, and Penal Code section 17(b) lists when such an offense becomes a misdemeanor for all purposes. 273a(b) is a misdemeanor.

What is the difference between 273a(a) and 273a(b)?

Both cover the same conduct. 273a(a) applies when it happens under circumstances or conditions likely to produce great bodily harm or death; 273a(b) applies under all other circumstances. CALCRIM No. 821 explains that likely to produce great bodily harm or death means the probability is high.

What is the sentence for 273a(a)?

The statute provides county jail not exceeding one year, or state prison for two, four, or six years. If probation is granted, 273a(c) requires minimum conditions, including at least 48 months of probation, unless the court waives a condition and states its reasons.

Does a child have to be hurt for a 273a charge?

No. 273a also covers willfully causing or permitting a child in one’s care or custody to be placed in a situation where the child’s person or health is endangered. For 273a(a), CALCRIM No. 821 tells jurors that a child does not need to actually suffer great bodily harm.

What does 273aa mean?

The Penal Code has no section 273aa, so it refers to 273a(a) written without parentheses: section 273a, subdivision (a), the version that applies under circumstances likely to produce great bodily harm or death.

What are the probation terms for 273a?

If probation is granted, 273a(c) requires at least 48 months of probation, a criminal court protective order, at least one year of an approved child abuser’s treatment counseling program, and, where drugs or alcohol were involved in the offense, abstinence with random testing. The court may waive a condition if it finds the condition would not be in the best interests of justice, stating its reasons on the record.

Is reasonable discipline a defense to 273a?

The jury instructions include an element, given when the parental right to discipline is at issue, requiring proof that the defendant did not act while reasonably disciplining a child. Whether discipline was reasonable depends on the facts of the case.