Penal Code § 273ab

Assault resulting in death, coma due to brain injury, or paralysis of permanent nature of child under eight years of age

(a) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life. Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 189.

(b) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, shall be punished by imprisonment in the state prison for life with the possibility of parole. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.

History

Added Stats 1st Ex Sess 1993–94 ch 47 § 1 (AB 27 X), effective November 30, 1994. Amended Stats 1996 ch 460 § 2 (AB 2258); Stats 2010 ch 300 § 1 (AB 1280), effective January 1, 2011.

PC 273ab