273d PC Explained: Cruel Corporal Punishment of a Child

California Penal Code section 273d makes it a crime to willfully inflict on a child any cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition. The statute's text calls the offense a felony, and it also allows a county jail sentence or a fine.

This page covers what section 273d says, what the prosecution has to prove under the official jury instruction, the penalty range, the four-year enhancement for a prior conviction, 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 273d PC says

"(a) 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 ($6,000), or by both that imprisonment and fine."

The text gives two routes: cruel or inhuman corporal punishment, or an injury that results in a traumatic condition. The jury instruction treats them as alternatives that can be charged together ("and/or"). Under the official jury instruction, CALCRIM No. 822, the prosecution must prove in either case that the punishment or injury caused a traumatic physical condition to the child.

What the prosecution has to prove

The official jury instruction is CALCRIM No. 822, "Inflicting Physical Punishment on Child (Pen. Code, § 273d(a))," published by the Judicial Council of California (2026 edition). The prosecution must prove that:

1. The defendant willfully inflicted cruel or inhuman physical punishment and/or an injury on a child.
2. The punishment and/or injury inflicted by the defendant caused a traumatic physical condition to the child.

When the parental right to discipline is at issue, a third element requires proof that, when the defendant acted, the defendant was not reasonably disciplining a child.

The instruction's definitions shape most of these cases:

"A traumatic physical condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force."

Under the instruction, the punishment or injury caused the traumatic condition if the condition was the natural and probable consequence of it, the punishment or injury was a direct and substantial factor in causing the condition, and the condition would not have happened without it. A natural and probable consequence is "one that a reasonable person would know is likely to happen if nothing unusual intervenes." A substantial factor "is more than a trivial or remote factor," but it "does not need to be the only factor that caused the traumatic condition."

The instruction also states: "A child is any person under the age of 18 years," and "Someone commits an act willfully when he or she does it willingly or on purpose."

Penalties under 273d PC

Section 273d(a) states the range: imprisonment under section 1170(h) for two, four, or six years, or county jail for not more than one year, a fine of up to $6,000, or both that imprisonment and fine.

Because 273d(a) specifies the term, section 1170(h)(2) governs where it is served: "Except as provided in paragraph (3), a felony punishable pursuant to this subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense." Under paragraph (3) of section 1170(h), an executed sentence under that subdivision is served in state prison instead when the defendant has a prior or current serious felony conviction (as described in section 1192.7(c)) or violent felony conviction (as described in section 667.5(c)), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Felony or misdemeanor?

The statute itself says a person who violates 273d(a) "is guilty of a felony." Its text also allows county jail for not more than one year or a fine. Penal Code section 17(b) addresses crimes punishable, in the court's discretion, either by state prison or county jail under section 1170(h), or by fine or county jail imprisonment, and lists when such a crime is a misdemeanor for all purposes. Those circumstances include a judgment imposing a punishment other than state prison or county jail under section 1170(h), the court granting probation and declaring the offense a misdemeanor, and the prosecutor filing a misdemeanor complaint without objection from the defendant. How section 17(b) applies in a given case is for the court.

Penal Code section 1192.7(c), the serious felony list, does not name section 273d. 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.

The four-year enhancement in 273d(b)

"Any person who is found guilty of violating subdivision (a) shall receive a four-year enhancement for a prior conviction of that offense provided that no additional term shall be imposed under this subdivision for any prison term or term imposed under the provisions of subdivision (h) of Section 1170 served prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction and prison custody or custody in a county jail under the provisions of subdivision (h) of Section 1170."

In plain terms, a prior conviction for violating 273d(a) adds four years. The text then excludes a prior prison or section 1170(h) term that was followed by a 10-year period in which the defendant committed no offense resulting in a felony conviction and was not in prison or section 1170(h) county jail custody.

Mandatory probation conditions under 273d(c)

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

1. A mandatory minimum period of probation of 36 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, 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 273d(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 273a. Willfully causing or permitting a child to suffer, inflicting unjustifiable pain or suffering, or endangering a child in one's care or custody. Unlike 273d, it does not require a traumatic condition. See our PC 273a explainer.
• Penal Code section 1170(h). Where a term under 273d(a) is served. Official text.
• Penal Code section 12022.7(d). A general enhancement, not limited to 273d: "Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years." Official text.
• Penal Code section 273.1. The counseling program criteria that 273d(c)(3) 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 273d reads: "Amended (as amended by Stats. 2011, Ch. 15, Sec. 312) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 8. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12."

Other statute explainers are collected in our statutes library.

What happens after an arrest for 273d PC

A "273d" on a booking record is the arresting agency's charge. The prosecutor decides whether to file it, under what section, and whether to seek the 273d(b) enhancement for a prior conviction. 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 273d 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 273d 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 273d a felony in California?

The statute says a person who violates 273d(a) is guilty of a felony. It also allows county jail for up to one year, a fine up to $6,000, or both, and Penal Code section 17(b) lists circumstances in which a crime punishable either way is a misdemeanor for all purposes. How that applies in a given case is for the court.

What is the sentence for 273d PC?

Imprisonment under section 1170(h) for two, four, or six years, or county jail for not more than one year, a fine up to $6,000, or both imprisonment and fine. A term under 1170(h) is served in county jail unless paragraph (3) of 1170(h) requires state prison. A prior 273d(a) conviction can add a four-year enhancement under 273d(b).

What is a traumatic condition under 273d?

CALCRIM No. 822 defines a traumatic physical condition as a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

Is spanking illegal under 273d?

Section 273d targets cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition. When the parental right to discipline is at issue, CALCRIM No. 822 requires the prosecution to prove the defendant was not reasonably disciplining a child. Whether particular conduct crosses that line depends on the facts.

What is the difference between 273a and 273d?

273d requires willfully inflicting cruel or inhuman corporal punishment or an injury on a child, and under CALCRIM No. 822 the punishment or injury must have caused a traumatic physical condition. 273a covers causing or permitting a child to suffer, inflicting unjustifiable pain or suffering, or injuring or endangering a child in one’s care or custody, and does not require a traumatic condition.

What are the probation terms for 273d?

If probation is granted, 273d(c) requires at least 36 months of probation, a criminal court protective order, at least one year of a 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.