Cal Pen Code § 273a (2004)
§ 273a. Endangering child or causing or permitting child to suffer
physical pain, mental suffering, or injury; Conditions of probation
(a) 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, shall be punished by imprisonment in a county jail not exceeding
one year, or in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other
than those 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 may be endangered, is guilty of a misdemeanor.
(c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum conditions
of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim
from further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a
child abuser's treatment counseling program approved by the probation
department. The defendant shall be ordered to begin participation in the
program immediately upon the grant of probation. The counseling program shall
meet the criteria specified in Section 273.1. The defendant shall produce
documentation of program enrollment to the court within 30 days of enrollment,
along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted
until all reasonable fees due to the counseling program have been paid in full,
but in no case shall probation be extended beyond the term provided in
subdivision (a) of Section 1203.1. If the court finds that the defendant does
not have the ability to pay the fees based on the defendant's changed
circumstances, the court may reduce or waive the fees.
(4) If the offense was committed while the defendant was
under the influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be subject to
random drug testing by his or her probation officer.
(5) The court may waive any of the above minimum conditions
of probation upon a finding that the condition would not be in the best
interests of justice. The court shall state on the record its reasons for any
waiver.