The offense of placing a child in a situation that exposes the child to an unreasonable risk of physical, emotional or mental harm, prosecuted in many jurisdictions as a distinct statutory offense from child abuse or child neglect because it targets the creation of a dangerous situation rather than requiring proof of actual injury or a pattern of ongoing neglect. Common fact patterns include leaving a child unattended in a vehicle, exposing a child to illegal drug manufacturing or use in the home, or allowing a child access to an improperly secured firearm, and the offense is frequently charged alongside a separate substantive charge, such as driving under the influence, where the endangering conduct also independently violates another law.
Facts
Classification CodeIn California a wobbler, chargeable as a misdemeanor or a felony depending on whether there is risk of great bodily harm or death 1 Typical PenaltyIn California, where there is no risk of great bodily harm, up to 1 year in county jail and or a fine of up to $1,000 1 Elements of OffenseRequires that the defendant willfully endangered a child under 18, meaning the defendant acted on purpose even without intent to break the law or cause harm 1 Notable ExamplePeople v. Valdez (2002) 27 Cal.4th 778, a California Supreme Court case that set the criminal negligence standard applied to child endangerment under Penal Code 273a 1 Jurisdiction VariationIn the United States, endangerment offenses can range from a misdemeanor to a felony depending on the jurisdiction 2 Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. California Child Endangerment: Penal Code 273a (Shouse Law Group)
Penalty Ranges section, Risk of Great Bodily Harm subsection
Risk of Great Bodily Harm or Death (Wobbler): Misdemeanor: Up to 1 year in county jail and/or $1,000; Felony: 2, 4, or 6 years in California state prison and/or up to $10,000
Penalty Ranges section, No Risk of Great Bodily Harm subsection
No Risk of Great Bodily Harm or Death: Misdemeanor: Up to 1 year in county jail and/or A fine of up to $1,000
Legal Elements section, CALCRIM 823.1
You must have willfully endangered a child under 18. "Willfully" means you acted on purpose, even if you did not intend to break the law or cause harm.
Legal references section citing People v. Valdez 2002
The negligence must be aggravated, culpable, gross, or reckless, that is, the conduct of the accused must be such a departure from what would be the conduct of an ordinarily prudent or careful [person] under the same circumstances as to be incompatible with a proper regard for human life … or an indifference to consequences.
View the Source2. Reckless endangerment (Wikipedia)
Introductory sectionQuote, Introductory section
In the U.S., endangerment can range from a misdemeanor to a felony.
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