Penal Code 273g PC Explained
California Penal Code 273g makes it a crime for a person to engage in lewd or immoral conduct in the presence of a child, or to be habitually intoxicated while caring for a child.
Although portions of this statute have been ruled unconstitutional, prosecutors still file charges under it, and a conviction can result in jail time, fines, and serious consequences for child custody.
If you are accused of violating PC 273g, it is critical to understand how the law works, what conduct it prohibits, and what defenses may apply.
What is Penal Code 273g?
Penal Code 273g PC states:
“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, is guilty of a misdemeanor.”
In simple terms, this statute criminalizes:
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Lewd or immoral behavior in front of any child, regardless of whether you are responsible for that child, and
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Habitual intoxication in the presence of a child who is in your care, custody, or control.
Penal Code 273g Explained in Plain English
A person may be charged under PC 273g for either of the following:
Lewd or Immoral Conduct in the Presence of a Child
This portion of the statute applies even if the child is not under your care. The law does not precisely define what qualifies as “lewd” or “immoral,” leaving the determination to judges and juries based on the specific facts of each case.
Habitual Drunkenness While Caring for a Child
This portion applies only when the defendant is responsible for the child. Prosecutors must show more than a single incident of intoxication.
Is Penal Code 273g Constitutional?
The “Habitually Drunk” Language
In People v. Perreault (1960), a California appellate court ruled that the phrase “habitually drunk” is unconstitutionally vague, making it unclear what behavior is prohibited.
Despite that ruling:
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The statute has never been formally amended
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Law enforcement and prosecutors still rely on it
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Courts address constitutionality on a case-by-case basis
This creates a powerful defense opportunity in cases based on alleged intoxication.
Examples of Penal Code 273g Violations
Example 1: Parents watch pornographic movies in the living room while their children are present. This conduct may qualify as lewd or degrading behavior under PC 273g.
Example 2: While babysitting a child, a caregiver packages and sells illegal drugs from the home. This conduct may qualify as immoral or vicious practices in the presence of a child.
Example 3: A parent is repeatedly observed intoxicated while out with their child. Charges may be filed, but the defense may challenge the statute's constitutionality.
Related Offenses Often Charged With PC 273g
Prosecutors frequently file additional charges, including:
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Lewd acts with a minor – Penal Code 288 PC
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Contributing to the delinquency of a minor – Penal Code 272 PC
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Child endangerment – Penal Code 273a PC
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Public intoxication – Penal Code 647(f) PC
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DUI with a child under 14 in the vehicle – Vehicle Code 23572 VC
Each offense carries its own penalties and long-term consequences.
Penalties for Penal Code 273g
A violation of Penal Code 273g is a misdemeanor punishable by:
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Up to 6 months in county jail
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A fine of up to $1,000
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Summary (informal) probation
Judges may impose probation instead of jail, depending on the facts of the case and the defendant's criminal history.
Could I Lose Custody of My Child?
Yes.
A conviction under PC 273g may trigger involvement by the Department of Children and Family Services (DCFS). DCFS may:
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Open a child welfare investigation
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Impose safety plans
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Recommend removal of the child from the home in severe cases
Criminal charges under this statute often lead to family court proceedings.
Defenses to Penal Code 273g Charges
Common defense strategies include:
Challenging the Constitutionality of the Law
When charges are based on alleged habitual intoxication, courts may dismiss the case due to unconstitutional vagueness.
No Care, Custody, or Control
For intoxication-based charges, prosecutors must prove the child was under the defendant's supervision.
Lack of Knowledge: A Child Was Present
If the defendant did not know a child was present during the alleged conduct, criminal intent may be lacking.
Conduct Was Not Lewd or Immoral
The defense may argue that the behavior does not meet the legal standard required for conviction.
Pre-Filing Resolution or Case Dismissal
In some cases, defense counsel can persuade the prosecutor to reject or reduce charges before formal filing.
Speak With a California Criminal Defense Lawyer
Allegations involving children are taken extremely seriously in California. Even a misdemeanor conviction can permanently affect your freedom, reputation, and parental rights.
Cron, Israels & Stark represents clients charged under Penal Code 273g throughout Los Angeles and Southern California.
📞 Call 424-371-3112 for an initial case review
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