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Glossary of CA Penal Code-Crimes Against Children

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PC 273a
CHILD ENDANGERMENT

(FELONY/MISDEMEANOR)

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

MISDEMEANOR if pain or suffering done under conditions not likely to produce great bodily harm or death
PC 271
CHILD DESERTION

(FELONY)

Every parent of any child under the age of 14 years, and every person to whom any such child has been confided for nurture, or education, who deserts such child in any place whatever with intent to abandon it
PC 271a
CHILD ABANDONMENT OR FAILURE TO MAINTAIN

(FELONY)

Every person who knowingly and willfully abandons, or who, having ability so to do, fails or refuses to maintain his or her minor child under the age of 14 years, or who falsely, knowing the same to be false, represents to any manager, officer or agent of any orphan asylum or charitable institution for the care of orphans, that any child for whose admission into such asylum or institution application has been made is an orphan
PC 273g
LEWD PRACTICES IN THE PRESENCE OF MINOR

(MISDEMEANOR)

Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence of any child in his care, custody or control
PC 273d
CORPORAL INJURY TO CHILD

(FELONY)

Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition
PC 273ab
ASSAULT ON A CHILD CAUSING DEATH

(FELONY)

Any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death
PC 288(a)
LEWD ACT UPON A CHILD

(FELONY)

Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child
PC 288(b)(1)
LEWD ACT UPON A CHILD (FORCE OR FEAR)

(FELONY)

Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
PC 288(c)(1)
LEWD ACT UPON A CHILD (14 OR 15 YEARS)

(FELONY)

Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child
PC 288.5
CONTINUAL SEXUAL ABUSE OF A CHILD

(FELONY)

Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct under Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child
PC 269
AGGRAVATED SEXUAL ASSAULT ON A CHILD

(FELONY)

Any person who commits any of the following acts upon a child who is under 14 years of age and 10 or more years younger than the person is guilty of aggravated sexual assault of a child:
(1) A violation of paragraph (2) of subdivision (a) of Section 261.
(2) A violation of Section 264.1.
(3) Sodomy, in violation of Section 286, when committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(4) Oral copulation, in violation of Section 288a, when committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(5) A violation of subdivision (a) of Section 289.
PC 647.6
ANNOYING OR MOLESTING CHILDREN

(MISD. FELONY IF ENTERING INHABITED DWELLING OR PREVIOUS CONVICTIONS)

Every person who annoys or molests any child under the age of 18
PC 311.11
POSSESSION OR CONTROL OF CHILD PORNOGRAPHY

(FELONY)

Every person who knowingly possesses or controls any matter the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct
PC 261.5
UNLAWFUL SEXUAL INTERCOURSE

(MISD. FELONY WITH CERTAIN AGE DIFFERENCES)

an act of sexual intercourse accomplished with a minor (under 18 years) not the spouse fo the perpetrator
misdemeanor if minor is not more that 3 years younger or older than perpetrator
penalty enhanced if minor is mor than 3 years younger than the perpetrator, or perpetrator is 21 years of age or older and minor is under 16
PC 11166(i)
CHILD ABUSE REPORTING PEACE OFFICER RESPONSIBILITY

(DEFINITION)

shall make telephone notification concerning the incident immediately or as soon as practical to the investigating child welfare agence and to the district attorney's office, or to the county welfare department (for violations of PC 11165.2), and follow the telephone notification with a written report within 36 hours
PC 11165.9
AGENCY TO RECEIVE REPORTS OF CHILD ABUSE / NEGLECT

(DEFINITION)

police or sheriff's department
county probation department
county welfare department
PC 11167(a)
CHILD ABUSE REPORT CONTENTS

(DEFINITION)

the name, business address, and telephone number of the mandated reporter, and the capacity that makes the person a mandated reporter; the child's name and address, present location, and, where applicable, school, grade, and class; the names, addresses, and telephone numbers of the child's parents or guardians; the information that gave rise to the reasonable suspicion of child abuse or neglect and the source or sources of that information; and the name, address, telephone number, and other relevant personal information about the person or persons who might have abused or neglected the child. The mandated reporter shall make a report even if some of this information is not known or is uncertain to him or her.
CIRCUMSTANCES PERMITTING WARRANTLESS ENTRY TO PROTECT MINOR
Upon reasonable cause to believe any of the following is occurring in a private dwelling:
1. physical abuse
2. sexual abuse
3. neglect
4. endangerment of a minor

Landmark case decisions:
1. in re dawn o.
2. people v. payne
3. people v. brown
4. people v. sutton

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