California State Assemblywoman Sheila Kuehl (D-Santa Monica) is authoring Assembly Bill 2204 to create an affirmative defense to California Penal Code Section 273a. Under statute 273a, it is either a felony or a misdemeanor if a parent or guardian fails to protect a child from abuse, but the section allows charges against a battered woman who is not able to protect even herself from abuse. Unintended consequences of this section could include punishing a victim of domestic violence who is incapable of acting to defend the child. Kuehl’s bill would provide a defense for a woman who believes that acting to stop the abuse will lead to substantial bodily harm to herself or the child if the belief is considered reasonable under the circumstances.
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