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LEO MAGERS ARRESTED REGARDING CHILD ENDANGERMENT OF GIRL, 11, AND INFANT BOY! (7/3/02)

RELEVANT CALIFORNIA PENAL CODE SECTIONS

273g.  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.

273a.  (a) Any person who, under circumstances or conditions likely
to produce great bodily harm or death, willfully causes or permits
any child to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of that child to be
injured, or willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, shall be
punished by imprisonment in a county jail not exceeding one year, or
in the state prison for two, four, or six years.
   (b) Any person who, under circumstances or conditions other than
those likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or custody of
any child, willfully causes or permits the person or health of that
child to be injured, or willfully causes or permits that child to be
placed in a situation where his or her person or health may be
endangered, is guilty of a misdemeanor.

   (c) If a person is convicted of violating this section and
probation is granted, the court shall require the following minimum
conditions of probation:
   (1) A mandatory minimum period of probation of 48 months.
   (2) A criminal court protective order protecting the victim from
further acts of violence or threats, and, if appropriate, residence
exclusion or stay-away conditions.
   (3) (A) Successful completion of no less than one year of a child
abuser's treatment counseling program approved by the probation
department.  The defendant shall be ordered to begin participation in
the program immediately upon the grant of probation.  The counseling
program shall meet the criteria specified in Section 273.1.  The
defendant shall produce documentation of program enrollment to the
court within 30 days of enrollment, along with quarterly progress
reports.
   (B) The terms of probation for offenders shall not be lifted until
all reasonable fees due to the counseling program have been paid in
full, but in no case shall probation be extended beyond the term
provided in subdivision (a) of Section 1203.1.  If the court finds
that the defendant does not have the ability to pay the fees based on
the defendant's changed circumstances, the court may reduce or waive
the fees.
   (4) If the offense was committed while the defendant was under the
influence of drugs or alcohol, the defendant shall abstain from the
use of drugs or alcohol during the period of probation and shall be
subject to random drug testing by his or her probation officer.
   (5) The court may waive any of the above minimum conditions of
probation upon a finding that the condition would not be in the best
interests of justice.  The court shall state on the record its
reasons for any waiver.