How have courts interpreted section 273a of the California Child Protection Act?

California, United States of America


The following excerpt is from People v. Green, E068233 (Cal. App. 2018):

"In determining whether the evidence is sufficient to support the verdict, we review the entire record viewing the evidence in the light most favorable to the judgment and presuming in support of the verdict the existence of every fact the jury could reasonably deduce from the evidence. The issue is whether the record so viewed discloses evidence that is reasonable, credible and of solid value such that a rational trier of fact could find the elements of the crime beyond a reasonable doubt." (People v. Wilson (2006) 138 Cal.App.4th 1197, 1201.)

"Section 273a, subdivision (a) 'is an omnibus statute that proscribes essentially four branches of conduct.' [Citation.] As relevant here, it provides: 'Any person who, under circumstances or conditions likely to produce great bodily harm or death, [1] willfully causes or permits any child to suffer, or [2] inflicts thereon unjustifiable physical pain or mental suffering, or [3] having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or [4] 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.' " (People v. Valdez (2002) 27 Cal.4th 778, 783.)

Page 13

"Section 273a[, subdivision (a)] is "intended to protect a child from an abusive situation in which the probability of serious injury is great." [Citation.] "[T]here is no requirement that the actual result be great bodily injury." ' " (People v. Valdez, supra, 27 Cal.4th at p. 784; see also People v. Sargent (1999) 19 Cal.4th 1206, 1216.)

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