Valdez

*781 Opinion

In this case we address the mens rea for felony child abuse involving indirect infliction of harm. (Pen. Code, § 273a, subd. (a).) 1 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 negligence is the appropriate standard, and therefore reverse the judgment of the Court of Appeal.

I. Factual and Procedural Background

On May 17, 1997, Thalia Escoto, the 11-month-old daughter of defendant Eva Valdez, died as the result of a brutal beating and shaking inflicted by defendant’s live-in flaneé, Hiram Lebrón. For the first eight months of her life, Thalia received regular medical care and suffered no unusual injuries. By all accounts, including Lebrón’s testimony, defendant never mistreated her children.

In February 1997, Lebrón moved in with defendant, Thalia, and…