What is the definition for felony child abuse, neglect, endangerment?
Full Question:
What is the definition for felony child abuse, neglect, endangerment?
11/02/2007 |
Category: Courts ยป Legal Defini... |
State: California |
#11494
Answer:
The following are California statutes:
§ 270 Penal
If a parent of a minor child willfully omits, without lawful excuse, to
furnish necessary clothing, food, shelter or medical attendance, or other
remedial care for his or her child, he or she is guilty of a misdemeanor
punishable by a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in the county jail not exceeding one year, or by both such
fine and imprisonment. If a court of competent jurisdiction has made a
final adjudication in either a civil or a criminal action that a person
is the parent of a minor child and the person has notice of such
adjudication and he or she then willfully omits, without lawful excuse,
to furnish necessary clothing, food, shelter, medical attendance or other
remedial care for his or her child, this conduct is punishable by
imprisonment in the county jail not exceeding one year or in a state
prison for a determinate term of one year and one day, or by a fine not
exceeding two thousand dollars ($2,000), or by both such fine and
imprisonment.
This statute shall not be construed so as to relieve such parent from
the criminal liability defined herein for such omission merely because
the other parent of such child is legally entitled to the custody of such
child nor because the other parent of such child or any other person or
organization voluntarily or involuntarily furnishes such necessary food,
clothing, shelter or medical attendance or other remedial care for such
child or undertakes to do so.
Proof of abandonment or desertion of a child by such parent, or the
omission by such parent to furnish necessary food, clothing, shelter or
medical attendance or other remedial care for his or her child is prima
facie evidence that such abandonment or desertion or omission to furnish
necessary food, clothing, shelter or medical attendance or other remedial
care is willful and without lawful excuse.
The court, in determining the ability of the parent to support his
or her child, shall consider all income, including social insurance
benefits and gifts.
The provisions of this section are applicable whether the parents
of such child are or were ever married or divorced, and regardless of
any decree made in any divorce action relative to alimony or to the
support of the child. A child conceived but not yet born is to be
deemed an existing person insofar as this section is concerned.
The husband of a woman who bears a child as a result of artificial
insemination shall be considered the father of that child for the
purpose of this section, if he consented in writing to the artificial
insemination.
If a parent provides a minor with treatment by spiritual means
through prayer alone in accordance with the tenets and practices of a
recognized church or religious denomination, by a duly accredited
practitioner thereof, such treatment shall constitute "other remedial
care", as used in this section.
§ 273a Penal
(a) 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.
(b) Any person who, under circumstances or conditions other than those
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 may be endangered, is guilty of a
misdemeanor.
(c) If a person is convicted of violating this section and probation is
granted, the court shall require the following minimum conditions of
probation:
(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) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in the
program immediately upon the grant of probation. The counseling program
shall meet the criteria specified in Section 273.1. The defendant
shall produce documentation of program enrollment to the court within 30
days of enrollment, along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1. If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
(4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons for
any waiver.
§ 273d Penal
(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 in the state prison 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.
(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 served prior to a period of 10 years in which the
defendant remained free of both prison custody and the
commission of an offense that results in a felony
conviction.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following
minimum conditions of probation:
(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)(A) Successful completion of no less than one year of a
child abuser's treatment counseling program. The defendant
shall be ordered to begin participation in the program
immediately upon the grant of probation. The counseling
program shall meet the criteria specified in Section 273.1.
The defendant shall produce documentation of program
enrollment to the court within 30 days of enrollment, along
with quarterly progress reports.
(B) The terms of probation for offenders shall not be
lifted until all reasonable fees due to the counseling
program have been paid in full, but in no case shall
probation be extended beyond the term provided in
subdivision (a) of Section 1203.1. If the court finds that
the defendant does not have the ability to pay the fees based
on the defendant's changed circumstances, the court may
reduce or waive the fees.
(4) If the offense was committed while the defendant was
under the influence of drugs or alcohol, the defendant shall
abstain from the use of drugs or alcohol during the period
of probation and shall be subject to random drug testing by
his or her probation officer.
(5) The court may waive any of the above minimum conditions
of probation upon a finding that the condition would not be
in the best interests of justice. The court shall state on
the record its reasons for any waiver.
