California Penal Code Section 273(g): Lewdness or Drunkenness in the Presence of a Child is a law created to offer protection to minors from potential child endangerment.
PC 273(g) distinguishes the behaviors permissible around children in Los Angeles and throughout California. Under this legal code, the court forbids some actions you would otherwise be able to engage in when you care for a minor.
The Simmrin Law Group can help you understand California’s penal code and possible defenses to PC 273(g) charges.
Defining PC 273(g): Lewdness or Drunkenness in the Presence of a Child
California Penal Code Section 273(g): Lewdness or Drunkenness in the Presence of a Child states that individuals commit criminal acts if they indulge in any immoral, lewd, or vicious habits in the presence of a child.
Individuals can also face this charge if the police accuse them of being habitually drunk in the presence of a child in their custody, care, or control.
These acts could lead to or may themselves be considered child endangerment. Prosecutors may also use PC 273(g) to prosecute individuals who are habitually drunk around children. In order to face a charge under PC 273(g), an individual must have custody of a child or be responsible for the care of a minor child.
For a free legal consultation with a lewdness or drunkenness in the presence of a child lawyer serving California, call (310) 896-2723
Controversy and Defenses Against PC 273(g)
PC 273(g) can punish individuals who are “habitually drunk” around minors. Attorneys have successfully argued that this vague statement is unfair in front of the California Court of Appeals. However, the state never amended the law to address this problem, leaving a degree of uncertainty regarding the application of PC 273(g).
A California criminal defense lawyer may be able to use this ambiguous language to defend clients charged with lewdness or drunkenness in the presence of a child. The court may even dismiss some cases due to this vague and uncertain language.
Care and Custody Matter for PC 273(g) Allegations
In addition to questioning the constitutionality of the language in California Penal Code Section 273(g): Lewdness or Drunkenness in the Presence of a Child, your lawyer may be able to successfully argue that you did not have care or custody of the child.
Since one of the conditions of California PC Section 273(g) is that you have care or custody of a child, any lewd behavior that you engaged in would not constitute a violation if you were not caring for the child in question.
Your lawyer might also be able to fight the allegations that your behavior was lewd. Ultimately, the judge or jury will determine if your actions qualify as degrading, lewd, immoral, or vicious.
California Lewdness or Drunkenness in the Presence of a Child Lawyer Near Me (310) 896-2723
Penalties for Lewdness or Drunkenness in the Presence of a Child
The police may charge individuals in Los Angeles with a misdemeanor punishable by the following for violating PC 273(g). The penalties for this misdemeanor offense can include:
- Fines up to $1,000
- Up to six months in county jail
- Misdemeanor probation
Furthermore, the court can notify the Los Angeles County Department of Children and Family Services after a PC 273(g) conviction. In certain circumstances, this department could remove children from the custody of their parents. Contact our criminal defense attorneys if you face these punishments or jail time.
We take these criminal charges seriously and understand the legal penalties you can face.
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Examples of Penal Code 273(g) Violations
Here are a few examples to help better illustrate what qualifies as a violation of PC 273(g):
Sexual Behavior or Lewd Conduct of a Temporary Guardian
A babysitter has her boyfriend over while looking after a child. The two proceed to engage in sexual intercourse with the child in the room. The babysitter would be guilty of violating Penal Code Section 273(g).
However, if the child had gone to sleep in the other room and then woke up and walked in on the babysitter having sex, the sitter would be able to argue that she was unaware of the presence of the child.
Drugs Around Children
A parent sells drugs out of their home. People are constantly coming and going, and the minor child routinely witnesses the exchange of drugs for money. The court would consider these actions a violation under California PC 273(g). Additionally, the parent would face other charges for criminal offenses related to the illegal sale of drugs.
Drunkenness Around Children
A single father is caring for his small children. He has just been fired from work and decides to drink his troubles away. He passes out drunk while making dinner, and the kids are left unsupervised with food burning on the stove, which could lead to bodily harm or even death.
The father could be charged under Penal Code 273(g) as well as facing charges for child endangerment or even child abuse in certain cases, especially if a child sustained a bodily injury.
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How Lawyers Handle PC 273(g) Charges
An attorney can use several strategies to handle allegations for PC 273(g) and other charges that deal with child endangerment. Your lawyer may focus on:
- Pushing the court to dismiss the charges
- Getting the charges reduced through a plea bargain
- Fighting for you in court
Contact an attorney today to discuss your specific situation and the defense strategies that could help with your charges.
Charges Similar to PC 273(g)
PC 273(g) is only one of the many legal codes California uses to punish drunkenness and those who endanger children. Depending on the exact circumstances, individuals could also face charges under:
- California Penal Code Section 647(f): Drunk in Public
- California Vehicle Code Section 23152(A): Driving Under the Influence of Alcohol
- California Vehicle Code Section 23140: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent
- California Penal Code §272: Contributing to the Delinquency of a Minor
- California Penal Code Section 273(a) PC: Child Endangerment
- California Penal Code Section 273(d): Child Abuse / Inflicting Physical Punishment on a Child
- California Penal Code Section 647.6: Annoying or Molesting a Child
Any of these charges can lead to serious legal consequences, including being charged with the crime of child abuse. A conviction often leads to fines and time spent in jail or prison. In some cases, an individual could even have to join California’s sex offender registry after a conviction that has involved a sexual offense or sexual assault.
Getting legal defense help immediately will improve your odds of beating any criminal charge in the Los Angeles area. Learn more about your legal options before it’s too late; contact our committed defense attorneys now.
Contact Simmrin Law Group to Fight Against a PC 273(g) Charge
Individuals charged under California Penal Code Section 273(g): Lewdness or Drunkenness in the Presence of a Child often find themselves quickly overwhelmed by the legal system. The vague wording of this charge can make it challenging to know what to do next.
Fortunately, the Simmrin Law Group has extensive experience using common defenses against wrongly convicted parties. You can contact us by calling or completing our online contact form.
Make sure you’re ready to handle accusations of lewdness or drunkenness in the presence of a child by contacting us today for a free, no-obligation case evaluation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form