Penal Code 273(g) – Lewdness or Intoxication in the Presence of child

California Penal Code § 273(g) PC makes it a crime to act in a lewd manner and/or to be intoxicated in the presence of a child. This offense is a Misdemeanor punishable by up to 6 months in county jail and a fine of up to $1000.00.

The statute says it is a crime in California if:

1. a child is in your care or custody, and
2. you either act in a lewd (or obscene) manner or are drunk.

Specifically, 273g PC states that “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 the legal case of People v. Perralaut the court found that this section, as it relates to a person being intoxicated, is unconstitutional. Because the section has not been amended or changed since this ruling, it is questionable if being drunk while caring for a child is still a crime.

A violation of PC 273(g) is charged as a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.