Penal Code 273a appears in domestic violence cases more often than families expect — not because a child was harmed, but because a child was present. It is worth understanding what the statute actually requires before assuming the worst.

What the statute covers

Section 273a addresses willfully causing or permitting a child to suffer, inflicting unjustifiable physical pain or mental suffering, or — for a person having care or custody of a child — willfully causing or permitting the child’s person or health to be injured, or placing the child in a situation where their person or health is endangered.

Note the last part. Actual injury is not required. Endangerment can be enough.

The two tiers

The gap between those two tiers is very wide, and which one applies turns on the circumstances rather than on a simple injured-or-not test.

Why it shows up in domestic violence cases

If a child was in the home or the vehicle during an incident, a 273a count may be added alongside PC 243(e)(1) or PC 273.5. It is not automatic — whether it is charged is a prosecutor’s decision, and we cannot predict it.

On release: 273a is not itself named in Penal Code 1270.1. But it is often charged alongside sections that are, and the higher tier carries far greater exposure, which can affect the scheduled amount.

Where someone is booked — and why the county matters enormously

Orange County

Under Penal Code section 1269b, the superior court judges of each county adopt and annually revise a uniform countywide bail schedule, and the officer in charge of the jail may approve and accept bail. Orange County still works this way, so a scheduled amount is usually available quickly. Booking generally runs through the Orange County Intake Release Center at 550 N. Flower Street in Santa Ana, with later housing at Theo Lacy in Orange or the James A. Musick Facility in Irvine. Some cities hold people locally first — Huntington Beach, Santa Ana and Fullerton all run municipal jails.

Los Angeles County

Los Angeles works differently. Since 1 October 2023 the Superior Court’s Pre-Arraignment Release Protocols mean many people arrested for non-violent, non-serious felonies and misdemeanours are cited and released, or released on their own recognisance, with no money bail at all. The protocols do not cover serious and violent felonies. LA County also books men and women into different facilities — the Inmate Reception Center downtown for men, and the Century Regional Detention Facility in Lynwood for women. Our Los Angeles County guide explains when a bond is and is not needed.

What to have ready when you call

These few details let us find the person and establish the actual position, usually within minutes:

• The full legal name and date of birth
• Roughly when the arrest happened and in which city — that decides the agency and the county
• The arresting agency if you know it (city police, or the county sheriff)
• Any booking number or paperwork you were given
• Whether a protective order or no-contact condition has been mentioned
• The code section written on any paperwork — 243(e)(1), 273.5, 273.6 and 273a are treated very differently

If you do not have all of it, call anyway. The name and the city are usually enough to start.

One additional note for these cases: questions about a child’s welfare, custody or any child protective involvement are outside what a bail agency can help with. Those belong with an attorney, and we will say so rather than guess.

Common questions

What is PC 273a?

California’s child endangerment statute. It covers willfully causing or permitting a child to suffer, inflicting unjustifiable physical pain or mental suffering, or placing a child in a situation where their person or health is endangered.

Is PC 273a a felony?

It has two tiers. Under circumstances likely to produce great bodily harm or death, it can be punished by county jail up to one year or state prison for two, four or six years. Under other circumstances it is a misdemeanour.

Does the child have to be injured?

Not necessarily. The statute reaches endangerment – placing a child in a situation where their person or health is endangered – as well as actual harm.

Why does this appear alongside domestic violence charges?

Because if a child was present during an incident, a 273a count may be added to the domestic violence charge. It is not automatic, and whether it is charged is a prosecutor’s decision.

How does it affect release?

PC 273a is not itself named in Penal Code 1270.1. But it is frequently charged alongside sections that are, such as felony PC 273.5, and the higher tier carries substantially greater exposure – which can affect the scheduled amount.

Related resources

• PC 273.5 — commonly charged alongside
• What happens after a DV arrest
• Domestic violence bail bonds — the main guide
• Misdemeanour charges and felony charges
• Orange County and Los Angeles County release rules
• All bail services and payment plans

Call us

If a 273a count has been added, tell us which tier the paperwork indicates. It affects the scheduled amount and the realistic timeline.

Anaheim — (714) 520-2002La Habra — (562) 690-8303

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot guarantee a bail amount, a release time, eligibility for release, or the outcome of any case. Statutes are quoted from California primary sources and can be amended; court, jail and bail-schedule practice can change. Always confirm current details with the facility, the court, or an attorney. California bail licence 1841014.