Cal Pen Code § 273d (2004)
§ 273d. Infliction of corporal punishment or injury on child resulting in
traumatic condition; Conditions of probation
(a) Any person who willfully inflicts upon a child any cruel or
inhuman corporal punishment or an injury resulting in a traumatic condition is
guilty of a felony and shall be punished by imprisonment in the state prison
for two, four, or six years, or in a county jail for not more than one year, by
a fine of up to six thousand dollars ($ 6,000), or by both that imprisonment
and fine.
(b) Any person who is found guilty of violating subdivision
(a) shall receive a four-year enhancement for a prior conviction of that
offense provided that no additional term shall be imposed under this
subdivision for any prison term served prior to a period of 10 years in which
the defendant remained free of both prison custody and the commission of an
offense that results in a felony conviction.
(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 36 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. 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.