People v. Valdez

Opinion

BROWN, J.

In this case we address the mens rea for felony child abuse involving indirect infliction of harm. (Pen. Code, § 273a, subd. (a).) Consistent with a long line of decisional authority, the jury was instructed that felony child endangerment could be committed if defendant Eva Valdez acted with criminal negligence. However, the Court of Appeal interpreted the statute differently, concluding a defendant must purposefully place the child in a hazardous situation, while possessing a subjective awareness of this risk. It therefore reversed defendant’s conviction. We reaffirm criminal…