Any person who willfully inflicts cruel or inhuman corporal punishment or injury on a child that causes traumatic conditions or results.
The mental state required is willful. Willful is the desire to complete the act on purpose for a specified result. Associated with this mental state is the natural and probable consequence doctrine. Under the natural and probable consequence doctrine, a reasonable person can consciously understand that during the commission of an act certain collateral risks, or associated events highly likely to occur. A person ascribes to this understanding and still desires the same result- which in this case is to cause inhuman, corporal punishment or injury to a minor child that causes traumatic results or conditions.
It is required that the inhuman or corporal conditions were conducted with purpose to cause the traumatic results and those conditions were a part of the natural and probable consequences that would occur in any circumstance considered obvious to a reasonable person placed in a similar situation.
Corporal injury is the intentional touching or authorizing another to be touched without consent in a hostile or aggravated method. It is corporal because it goes beyond the senses of dignity.v Trauma is a resulting condition from inhuman treatment or corporal punishment to a human being that causes the human body to function abnormally by extreme stress. The notion of inhumanity references the understanding that a person of reasonable sensibilities would not have initiated the condition, method or act which caused the injury, pain or effects under any scenario or condition.
A violation of Penal Code 273(d) PC is a felony. A first offense is punishable by confinement of 2, 4, 6 years in prison with fines not exceeding $6,000 dollars. A second offense is attributed a 4-year sentencing enhancement toward the penalties of confinement ascribed by the court.
Yes. The Court can grant probation with mandatory terms that can be unsupervised. As a requirement of probation, the court will require a probationary period of 36 months, grant a criminal protective order that counts as a separate conviction, and child abuse treatment programs.
If you are charged with a violation of Penal Code 237(d) PC call our experienced criminal defense attorney today.
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