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Assault and Battery Bail Bonds
California Penal Codes Defined:
240. An assault is an
unlawful attempt, coupled with a present ability, to commit a
violent injury on the person of another.
241. (a) An assault is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county
jail not exceeding six months, or by both the fine and
imprisonment.
(b) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile
intensive care paramedic, lifeguard, process server, traffic
officer, or animal control officer engaged in the performance of
his or her duties, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense
knows or reasonably should know that the victim is a peace
officer, firefighter, emergency medical technician, mobile
intensive care paramedic, lifeguard, process server, traffic
officer, or animal control officer engaged in the performance of
his or her duties, or a physician or nurse engaged in rendering
emergency medical care, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
(c) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by
the State Department of Health Services for the medical training
and education of ambulance personnel, and who meets the
standards of Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
(3) "Mobile intensive care paramedic" refers to those persons
who meet the standards set forth in Division 2.5 (commencing
with Section 1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety
Code.
(5) "Lifeguard" means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city,
and is designated by local ordinance as a public officer who has
a duty and responsibility to enforce local ordinances and
misdemeanors through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section
22350 of the Business and Professions Code.
(7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances
relating to parking and the operation of vehicles.
(8) "Animal control officer" means any person employed by a
county or city for purposes of enforcing animal control laws or
regulations.
241.1. When an assault is committed against the person of
a custodial officer as defined in Section 831 or 831.5, and the
person committing the offense knows or reasonably should know
that such victim is such a custodial officer engaged in the
performance of his duties, the offense shall be punished by
imprisonment in the county jail not exceeding one year or by
imprisonment in the state prison.
241.2. (a) (1) When an assault is committed on school or
park property against any person, the assault is punishable by a
fine not exceeding two thousand dollars ($2,000), or by
imprisonment in the county jail not exceeding one year, or by
both that fine and imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to
attend counseling as deemed appropriate by the court at the
expense of the minor's parents. The court shall take into
consideration the ability of the minor's parents to pay,
however, no minor shall be relieved of attending counseling
because of the minor's parents' inability to pay for the
counseling imposed by this section.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening
high school, technical school, or community college.
(c) "Park," as used in this section, means any publicly
maintained or operated park. It does not include any facility
when used for professional sports or commercial events.
241.3. (a) When an assault is committed against any
person on the property of, or on a motor vehicle of, a public
transportation provider, the offense shall be punished by a fine
not to exceed two thousand dollars ($2,000), or by imprisonment
in a county jail not to exceed one year, or by both the fine and
imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for
the transportation of persons for hire, a bus, taxicab,
streetcar, cable car, trackless trolley, or other motor vehicle,
including a vehicle operated on stationary rails or on a track
or rail suspended in air, or that operates a schoolbus.
(c) As used in this section, "on the property of" means the
entire station where public transportation is available,
including the parking lot reserved for the public who utilize
the transportation system.
241.4. An assault is punishable by fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail
not exceeding six months, or by both. When the assault is
committed against the person of a peace officer engaged in the
performance of his or her duties as a member of a police
department of a school district pursuant to Section 39670 of the
Education Code, and the person committing the offense knows or
reasonably should know that the victim is a peace officer
engaged in the performance of his or her duties, the offense
shall be punished by imprisonment in the county jail not
exceeding one year or by imprisonment in the state prison.
241.6. When an assault is committed against a school
employee engaged in the performance of his or her duties, or in
retaliation for an act performed in the course of his or her
duties, whether on or off campus, during the schoolday or at any
other time, and the person committing the offense knows or
reasonably should know the victim is a school employee, the
assault is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both the fine and imprisonment. For
purposes of this section, "school employee" has the same meaning
as defined in subdivision (d) of Section 245.5. This section
shall not apply to conduct arising during the course of an
otherwise lawful labor dispute.
241.7. Any person who is a party to a civil or criminal
action in which a jury has been selected to try the case and
who, while the legal action is pending or after the conclusion
of the trial, commits an assault against any juror or alternate
juror who was selected and sworn in that legal action, shall be
punished by a fine not to exceed two thousand dollars ($2,000),
or by imprisonment in the county jail not exceeding one year, or
by both such fine and imprisonment, or by imprisonment in the
state prison.
242. A battery is any willful and unlawful use of force
or violence upon the person of another.
243. (a) A battery is punishable by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county
jail not exceeding six months, or by both that fine and
imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, or
animal control officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer
is in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in
a private capacity as a part-time or casual private security
guard or patrolman, or a nonsworn employee of a probation
department engaged in the performance of his or her duties,
whether on or off duty, or a physician or nurse engaged in
rendering emergency medical care outside a hospital, clinic, or
other health care facility, and the person committing the
offense knows or reasonably should know that the victim is a
peace officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, or
animal control officer engaged in the performance of his or her
duties, nonsworn employee of a probation department, or a
physician or nurse engaged in rendering emergency medical care,
the battery is punishable by a fine not exceeding two thousand
dollars ($2,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process
server, traffic officer, or animal control officer engaged in
the performance of his or her duties, whether on or off duty, or
a nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and
the person committing the offense knows or reasonably should
know that the victim is a nonsworn employee of a probation
department, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, or
animal control officer engaged in the performance of his or her
duties, or a physician or nurse engaged in rendering emergency
medical care, and an injury is inflicted on that victim, the
battery is punishable by a fine of not more than two thousand
dollars ($2,000), by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment, or by
imprisonment in the state prison for 16 months, or two or three
years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer
is in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in
a private capacity as a part-time or casual private security
guard or patrolman and the person committing the offense knows
or reasonably should know that the victim is a peace officer
engaged in the performance of his or her duties, the battery is
punishable by a fine of not more than ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one
year or in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is
punishable by imprisonment in a county jail not exceeding one
year or imprisonment in the state prison for two, three, or four
years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the
parent of the defendant's child, former spouse, fiance, or
fiancee, or a person with whom the defendant currently has, or
has previously had, a dating or engagement relationship, the
battery is punishable by a fine not exceeding two thousand
dollars ($2,000), or by imprisonment in a county jail for a
period of not more than one year, or by both that fine and
imprisonment. If probation is granted, or the execution or
imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one
year, and successfully complete, a batterer's treatment program,
as defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a
county, or a city and county to provide a new program or higher
level of service as contemplated by Section 6 of Article XIIIB
of the California Constitution.
(2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include,
in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds
are the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to
the victim or court-ordered child support. Where the injury to a
married person is caused in whole or in part by the criminal
acts of his or her spouse in violation of this section, the
community property may not be used to discharge the liability of
the offending spouse for restitution to the injured spouse,
required by Section 1203.04, as operative on or before August 2,
1995, or Section 1202.4, or to a shelter for costs with regard
to the injured spouse and dependents, required by this section,
until all separate property of the offending spouse is
exhausted.
(3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the
sentence is suspended and the person has been previously
convicted of a violation of this subdivision and sentenced under
paragraph (1), the person shall be imprisoned for not less than
48 hours in addition to the conditions in paragraph (1).
However, the court, upon a showing of good cause, may elect not
to impose the mandatory minimum imprisonment as required by this
subdivision and may, under these circumstances, grant probation
or order the suspension of the execution or imposition of the
sentence.
(4) The Legislature finds and declares that these specified
crimes merit special consideration when imposing a sentence so
as to display society's condemnation for these crimes of
violence upon victims with whom a close relationship has been
formed.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person who is either
an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of
Division 2.5 (commencing with Section 1797) of the Health and
Safety Code.
(3) "Nurse" means a person who meets the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety
Code.
(4) "Serious bodily injury" means a serious impairment of
physical condition, including, but not limited to, the
following: loss of consciousness; concussion; bone fracture;
protracted loss or impairment of function of any bodily member
or organ; a wound requiring extensive suturing; and serious
disfigurement.
(5) "Injury" means any physical injury which requires
professional medical treatment.
(6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or
who performs those duties as a volunteer.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
(8) "Traffic officer" means any person employed by a city,
county, or city and county to monitor and enforce state laws and
local ordinances relating to parking and the operation of
vehicles.
(9) "Animal control officer" means any person employed by a
city, county, or city and county for purposes of enforcing
animal control laws or regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or
sexual involvement independent of financial considerations.
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate
the holdings in cases such as People v. Corey, 21 Cal. 3d 738,
and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to
reinstate prior judicial interpretations of this section as they
relate to criminal sanctions for battery on peace officers who
are employed, on a part-time or casual basis, while wearing a
police uniform as private security guards or patrolmen and to
allow the exercise of peace officer powers concurrently with
that employment.
243.1. When a battery is committed against the person of
a custodial officer as defined in Section 831 of the Penal Code,
and the person committing the offense knows or reasonably should
know that the victim is a custodial officer engaged in the
performance of his or her duties, and the custodial officer is
engaged in the performance of his or her duties, the offense
shall be punished by imprisonment in the state prison.
243.2. (a) (1) Except as otherwise provided in Section
243.6, when a battery is committed on school property, park
property, or the grounds of a public or private hospital,
against any person, the battery is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
(2) When a violation of this section is committed by a minor on
school property, the court may, in addition to any other fine,
sentence, or as a condition of probation, order the minor to
attend counseling as deemed appropriate by the court at the
expense of the minor's parents. The court shall take into
consideration the ability of the minor's parents to pay,
however, no minor shall be relieved of attending counseling
because of the minor's parents' inability to pay for the
counseling imposed by this section.
(b) For the purposes of this section, the following terms have
the following meanings:
(1) "Hospital" means a facility for the diagnosis, care, and
treatment of human illness that is subject to, or specifically
exempted from, the licensure requirements of Chapter 2
(commencing with Section 1250) of Division 2 of the Health and
Safety Code.
(2) "Park" means any publicly maintained or operated park. It
does not include any facility when used for professional sports
or commercial events.
(3) "School" means any elementary school, junior high school,
four-year high school, senior high school, adult school or any
branch thereof, opportunity school, continuation high school,
regional occupational center, evening high school, technical
school, or community college.
(c) This section shall not apply to conduct arising during the
course of an otherwise lawful labor dispute.
243.25. When a battery is committed against the person of
an elder or a dependent adult as defined in Section 368, with
knowledge that he or she is an elder or a dependent adult, the
offense shall be punishable by a fine not to exceed two thousand
dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both that fine and imprisonment.
243.3. When a battery is committed against the person of
an operator, driver, or passenger on a bus, taxicab, streetcar,
cable car, trackless trolley, or other motor vehicle, including
a vehicle operated on stationary rails or on a track or rail
suspended in the air, used for the transportation of persons for
hire, or against a
schoolbus driver, or against the person of a station agent or
ticket agent for the entity providing the transportation, and
the person who commits the offense knows or reasonably should
know that the victim, in the case of an operator, driver, or
agent, is engaged in the performance of his or her duties, or is
a passenger the offense shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment. If an injury is inflicted on that victim, the
offense shall be punished by a fine not exceeding ten thousand
dollars ($10,000), or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two
or three years, or by both that fine and imprisonment.
243.35. (a) Except as provided in Section 243.3, when a
battery is committed against any person on the property of, or
in a motor vehicle of, a public transportation provider, the
offense shall be punished by a fine not to exceed two thousand
dollars ($2,000), or by imprisonment in a county jail not to
exceed one year, or by both the fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for
the transportation of persons for hire, a bus, taxicab,
streetcar, cable car, trackless trolley, or other motor vehicle,
including a vehicle operated on stationary rails or on a track
or rail suspended in air, or that operates a schoolbus.
(c) As used in this section, "on the property of" means the
entire station where public transportation is available,
including the parking lot reserved for the public who utilize
the transportation system.
243.4. (a) Any person who touches an intimate part of
another person while that person is unlawfully restrained by the
accused or an accomplice, and if the touching is against the
will of the person touched and is for the purpose of sexual
arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by
a fine not exceeding two thousand dollars ($2,000); or by
imprisonment in the state prison for two, three, or four years,
and by a fine not exceeding ten thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person
who is institutionalized for medical treatment and who is
seriously disabled or medically incapacitated, if the touching
is against the will of the person touched, and if the touching
is for the purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of sexual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for
not more than one year, and by a fine not exceeding two thousand
dollars ($2,000); or by imprisonment in the state prison for
two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person
for the purpose of sexual arousal, sexual gratification, or
sexual abuse, and the victim is at the time unconscious of the
nature of the act because the perpetrator fraudulently
represented that the touching served a professional purpose, is
guilty of sexual battery. A violation of this subdivision is
punishable by imprisonment in a county jail for not more than
one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three,
or four years, and by a fine not exceeding ten thousand dollars
($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual
gratification, or sexual abuse, causes another, against that
person's will while that person is unlawfully restrained either
by the accused or an accomplice, or is institutionalized for
medical treatment and is seriously disabled or medically
incapacitated, to masturbate or touch an intimate part of either
of those persons or a third person, is guilty of sexual battery.
A violation of this subdivision is punishable by imprisonment in
a county jail for not more than one year, and by a fine not
exceeding two thousand dollars ($2,000); or by imprisonment in
the state prison for two, three, or four years, and by a fine
not exceeding ten thousand dollars ($10,000).
(e) (1) Any person who touches an intimate part of another
person, if the touching is against the will of the person
touched, and is for the specific purpose of sexual arousal,
sexual gratification, or sexual abuse, is guilty of misdemeanor
sexual battery, punishable by a fine not exceeding two thousand
dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
However, if the defendant was an employer and the victim was an
employee of the defendant, the misdemeanor sexual battery shall
be punishable by a fine not exceeding three thousand dollars
($3,000), by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Notwithstanding
any other provision of law, any amount of a fine above two
thousand dollars ($2,000) which is collected from a defendant
for a violation of this subdivision shall be transmitted to the
State Treasury and, upon appropriation by the Legislature,
distributed to the Department of Fair Employment and Housing for
the purpose of enforcement of the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2 of the Government Code),
including, but not limited to, laws that proscribe sexual
harassment in places of employment. However, in no event shall
an amount over two thousand dollars ($2,000) be transmitted to
the State Treasury until all fines, including any restitution
fines that may have been imposed upon the defendant, have been
paid in full.
(2) As used in this subdivision, "touches" means physical
contact with another person, whether accomplished directly,
through the clothing of the person committing the offense, or
through the clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), "touches"
means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person
committing the offense.
(g) As used in this section, the following terms have the
following meanings:
(1) "Intimate part" means the sexual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) "Sexual battery" does not include the crimes defined in
Section 261 or 289.
(3) "Seriously disabled" means a person with severe physical or
sensory disabilities.
(4) "Medically incapacitated" means a person who is
incapacitated as a result of prescribed sedatives, anesthesia,
or other medication.
(5) "Institutionalized" means a person who is located
voluntarily or involuntarily in a hospital, medical treatment
facility, nursing home, acute care facility, or mental hospital.
(6) "Minor" means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course
of conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the
victim was an employee of the defendant shall be a factor in
aggravation in sentencing.
(j) A person who commits a violation of subdivision (a), (b),
(c), or (d) against a minor when the person has a prior felony
conviction for a violation of this section shall be guilty of a
felony, punishable by imprisonment in the state prison for two,
three, or four years and a fine not exceeding ten thousand
dollars ($10,000).
243.5. (a) When a person commits an assault or battery on
school property during hours when school activities are being
conducted, a peace officer may, without a warrant,
notwithstanding paragraph (2) or (3) of subdivision (a) of
Section 836, arrest the person who commits the assault or
battery:
(1) Whenever the person has committed the assault or battery,
although not in the peace officer's presence.
(2) Whenever the peace officer has reasonable cause to believe
that the person to be arrested has committed the assault or
battery, whether or not it has in fact been committed.
(b) "School," as used in this section, means any elementary
school, junior high school, four-year high school, senior high
school, adult school or any branch thereof, opportunity school,
continuation high school, regional occupational center, evening
high school, technical school, or community college.
243.6. When a battery is committed against a school
employee engaged in the performance of his or her duties, or in
retaliation for an act performed in the course of his or her
duties, whether on or off campus, during the schoolday or at any
other time, and the person committing the offense knows or
reasonably should know that the victim is a school employee, the
battery is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding two thousand
dollars ($2,000), or by both the fine and imprisonment. However,
if an injury is inflicted on the victim, the battery shall be
punishable by imprisonment in a county jail for not more than
one year, or by a fine of not more than two thousand dollars
($2,000), or by imprisonment in the state prison for 16 months,
or two or three years. For purposes of this section, "school
employee" has the same meaning as defined in subdivision (d) of
Section 245.5. This section shall not apply to conduct arising
during the course of an otherwise lawful labor dispute.
243.7. Any person who is a party to a civil or criminal
action in which a jury has been selected to try the case and
who, while the legal action is pending or after the conclusion
of the trial commits a battery against any juror or alternate
juror who was selected and sworn in that legal action shall be
punished by a fine not to exceed five thousand dollars ($5,000),
or by imprisonment in the county jail not exceeding one year, or
by both such fine and imprisonment, or by the imprisonment in
the state prison for 16 months, or for two or three years.
243.8. (a) When a battery is committed against a sports
official immediately prior to, during, or immediately following
an interscholastic, intercollegiate, or any other organized
amateur or professional athletic contest in which the sports
official is participating, and the person who commits the
offense knows or reasonably should know that the victim is
engaged in the performance of his or her duties, the offense
shall be punishable by a fine not exceeding two thousand dollars
($2,000), or by imprisonment in the county jail not exceeding
one year, or by both that fine and imprisonment.
(b) For purposes of this section, "sports official" means any
individual who serves as a referee, umpire, linesman, or who
serves in a similar capacity but may be known by a different
title or name and is duly registered by, or a member of, a
local, state, regional, or national organization engaged in part
in providing education and training to sports officials.
243.9. (a) Every person confined in any local detention
facility who commits a battery by gassing upon the person of any
peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, or employee of the local
detention facility is guilty of aggravated battery and shall be
punished by imprisonment in a county jail or by imprisonment in
the state prison for two, three, or four years.
(b) For purposes of this section, "gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or
other bodily fluids or bodily substances that results in actual
contact with the person's skin or membranes.
(c) The person in charge of the local detention facility shall
use every available means to immediately investigate all
reported or suspected violations of subdivision (a), including,
but not limited to, the use of forensically acceptable means of
preserving and testing the suspected gassing substance to
confirm the presence of human excrement or other bodily fluids
or bodily substances. If there is probable cause to believe that
the inmate has violated subdivision (a), the chief medical
officer of the local detention facility, or his or her designee,
may, when he or she deems it medically necessary to protect the
health of an officer or employee who may have been subject to a
violation of this section, order the inmate to receive an
examination or test for hepatitis or tuberculosis or both
hepatitis and tuberculosis on either a voluntary or involuntary
basis immediately after the event, and periodically thereafter
as determined to be necessary by the medical officer in order to
ensure that further hepatitis or tuberculosis transmission does
not occur. These decisions shall be consistent with an
occupational exposure as defined by the Center for Disease
Control and Prevention. The results of any examination or test
shall be provided to the officer or employee who has been
subject to a reported or suspected violation of this section.
Nothing in this subdivision shall be construed to otherwise
supersede the operation of Title 8 (commencing with Section
7500). Any person performing tests, transmitting test results,
or disclosing information pursuant to this section shall be
immune from civil liability for any action taken in accordance
with this section.
(d) The person in charge of the local detention facility shall
refer all reports for which there is probable cause to believe
that the inmate has violated subdivision (a) to the local
district attorney for prosecution.
(e) Nothing in this section shall preclude prosecution under
both this section and any other provision of law.
244. Any person who willfully and maliciously places or
throws, or causes to be placed or thrown, upon the person of
another, any vitriol, corrosive acid, flammable substance, or
caustic chemical of any nature, with the intent to injure the
flesh or disfigure the body of that person, is punishable by
imprisonment in the state prison for two, three or four years.
As used in this section, "flammable substance" means gasoline,
petroleum products, or flammable liquids with a flashpoint of
150 degrees Fahrenheit or less.
244.5. (a) As used in this section, "stun gun" means any
item, except a taser, used or intended to be used as either an
offensive or defensive weapon that is capable of temporarily
immobilizing a person by the infliction of an electrical charge.
(b) Every person who commits an assault upon the person of
another with a stun gun or taser shall be punished by
imprisonment in a county jail for a term not exceeding one year,
or by imprisonment in the state prison for 16 months, two, or
three years.
(c) Every person who commits an assault upon the person of a
peace officer or firefighter with a stun gun or taser, who knows
or reasonably should know that the person is a peace officer or
firefighter engaged in the performance of his or her duties,
when the peace officer or firefighter is engaged in the
performance of his or her duties, shall be punished by
imprisonment in the county jail for a term not exceeding one
year, or by imprisonment in the state prison for two, three, or
four years.
(d) This section shall not be construed to preclude or in any
way limit the applicability of Section 245 in any criminal
prosecution.
245. (a) (1) Any person who commits an assault upon the
person of another with a deadly weapon or instrument other than
a firearm or by any means of force likely to produce great
bodily injury shall be punished by imprisonment in the state
prison for two, three, or four years, or in a county jail for
not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both the fine and imprisonment.
(2) Any person who commits an assault upon the person of another
with a firearm shall be punished by imprisonment in the state
prison for two, three, or four years, or in a county jail for
not less than six months and not exceeding one year, or by both
a fine not exceeding ten thousand dollars ($10,000) and
imprisonment.
(3) Any person who commits an assault upon the person of another
with a machinegun, as defined in Section 12200, or an assault
weapon, as defined in Section 12276 or 12276.1, shall be
punished by imprisonment in the state prison for 4, 8, or 12
years.
(b) Any person who commits an assault upon the person of another
with a semiautomatic firearm shall be punished by imprisonment
in the state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or
instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a peace officer
or firefighter, and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the
performance of his or her duties, when the peace officer or
firefighter is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
(d) (1) Any person who commits an assault with a firearm upon
the person of a peace officer or firefighter, and who knows or
reasonably should know that the victim is a peace officer or
firefighter engaged in the performance of his or her duties,
when the peace officer or firefighter is engaged in the
performance of his or her duties, shall be punished by
imprisonment in the state prison for four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace
officer or firefighter with a semiautomatic firearm and who
knows or reasonably should know that the victim is a peace
officer or firefighter engaged in the performance of his or her
duties, when the peace officer or firefighter is engaged in the
performance of his or her duties, shall be punished by
imprisonment in the state prison for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as
defined in Section 12200, or an assault weapon, as defined in
Section
12276 or 12276.1, upon the person of a peace officer or
firefighter, and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the
performance of his or her duties, shall be punished by
imprisonment in the state prison for 6, 9, or 12 years.
(e) When a person is convicted of a violation of this section in
a case involving use of a deadly weapon or instrument or
firearm, and the weapon or instrument or firearm is owned by
that person, the court shall order that the weapon or instrument
or firearm be deemed a nuisance, and it shall be confiscated and
disposed of in the manner provided by Section 12028.
(f) As used in this section, "peace officer" refers to any
person designated as a peace officer in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2.
245.1. As used in Sections 148.2, 241, 243, 244.5, and
245, "fireman" or "firefighter" includes any person who is an
officer, employee or member of a fire department or fire
protection or firefighting agency of the federal government, the
State of California, a city, county, city and county, district,
or other public or municipal corporation or political
subdivision of this state, whether this person is a volunteer or
partly paid or fully paid.
As used in Section 148.2, "emergency rescue personnel" means any
person who is an officer, employee or member of a fire
department or fire protection or firefighting agency of the
federal government, the State of California, a city, county,
city and county, district, or other public or municipal
corporation or political subdivision of this state, whether this
person is a volunteer or partly paid or fully paid, while he or
she is actually engaged in the on-the-site rescue of persons or
property during an emergency as defined by subdivision (c) of
Section 148.3.
245.2. Every person who commits an assault with a deadly
weapon or instrument or by any means of force likely to produce
great bodily injury upon the person of an operator, driver, or
passenger on a bus, taxicab, streetcar, cable car, trackless
trolley, or other motor vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air,
used for the transportation of persons for hire, or upon the
person of a station agent or ticket agent for the entity
providing such transportation, when the driver, operator, or
agent is engaged in the performance of his or her duties, and
where the person who commits the assault knows or reasonably
should know that the victim is engaged in the performance of his
or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.
245.3. Every person who commits an assault with a deadly
weapon or instrument or by any means likely to produce great
bodily injury upon the person of a custodial officer as defined
in Section 831 or 831.5, and who knows or reasonably should know
that such victim is such a custodial officer engaged in the
performance of his duties, shall be punished by imprisonment in
the state prison for three, four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such
weapon or instrument is owned by such person, the court may, in
its discretion, order that the weapon or instrument be deemed a
nuisance and shall be confiscated and destroyed in the manner
provided by Section 12028.
245.5. (a) Every person who commits an assault with a
deadly weapon or instrument, other than a firearm, or by any
means likely to produce great bodily injury upon the person of a
school employee, and who knows or reasonably should know that
the victim is a school employee engaged in the performance of
his or her duties, when that school employee is engaged in the
performance of his or her duties, shall be punished by
imprisonment in the state prison for three, four, or five years,
or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should
know that the victim is a school employee engaged in the
performance of his or her duties, when the school employee is
engaged in the performance of his or her duties, shall be
punished by imprisonment in the state prison for four, six, or
eight years, or in a county jail for not less than six months
and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun or taser, and who knows or
reasonably should know that the person is a school employee
engaged in the performance of his or her duties, when the school
employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in a county jail for a term
not exceeding one year or by imprisonment in the state prison
for two, three, or four years.
This subdivision shall not be construed to preclude or in any
way limit the applicability of Section 245 in any criminal
prosecution.
(d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or
classified employee of a school district on a part-time or
full-time basis, including a substitute teacher. "School
employee," as used in this section, also includes a student
teacher, or a school board member. "School," as used in this
section, has the same meaning as that term is defined in Section
626.
246. Any person who shall maliciously and willfully
discharge a firearm at an inhabited dwelling house, occupied
building, occupied motor vehicle, occupied aircraft, inhabited
housecar, as defined in Section 362 of the Vehicle Code, or
inhabited camper, as defined in Section 243 of the Vehicle Code,
is guilty of a felony, and upon conviction shall be punished by
imprisonment in the state prison for three, five, or seven
years, or by imprisonment in the county jail for a term of not
less than six months and not exceeding one year.
As used in this section, "inhabited" means currently being used
for dwelling purposes, whether occupied or not.
246.1. (a) Except as provided in subdivision (f), upon
the conviction of any person found guilty of murder in the first
or second degree, manslaughter, attempted murder, assault with a
deadly weapon, the unlawful discharge or brandishing of a
firearm from or at an occupied vehicle where the victim was
killed, attacked, or assaulted from or in a motor vehicle by the
use of a firearm on a public street or highway, or the unlawful
possession of a firearm by a member of a criminal street gang,
as defined in subdivision (f) of Section 186.22, while present
in a vehicle the court shall order a vehicle used in the
commission of that offense sold.
Any vehicle ordered to be sold pursuant to this subdivision
shall be surrendered to the sheriff of the county or the chief
of police of the city in which the violation occurred. The
officer to whom the vehicle is surrendered shall promptly
ascertain from the Department of Motor Vehicles the names and
addresses of all legal and registered owners of the vehicle and
within five days of receiving that information, shall send by
certified mail a notice to all legal and registered owners of
the vehicle other than the defendant, at the addresses obtained
from the department, informing them that the vehicle has been
declared a nuisance and will be sold or otherwise disposed of
pursuant to this section, and of the approximate date and
location of the sale or other disposition. The notice shall also
inform any legal owner of its right to conduct the sale pursuant
to subdivision (b).
(b) Any legal owner which in the regular course of its business
conducts sales of repossessed or surrendered motor vehicles may
take possession and conduct the sale of the vehicle if it
notifies the officer to whom the vehicle is surrendered of its
intent to conduct the sale within 15 days of the mailing of the
notice pursuant to subdivision (a). Sale of the vehicle pursuant
to this subdivision may be conducted at the time, in the manner,
and on the notice usually given by the legal owner for the sale
of repossessed or surrendered vehicles. The proceeds of any sale
conducted by the legal owner shall be disposed of as provided in
subdivision (d).
(c) If the legal owner does not notify the officer to whom the
vehicle is surrendered of its intent to conduct the sale as
provided in subdivision (b), the officer shall offer the vehicle
for sale at public auction within 60 days of receiving the
vehicle. At least 10 days but not more than 20 days prior to the
sale, not counting the day of sale, the officer shall give
notice of the sale by advertising once in a newspaper of general
circulation published in the city or county, as the case may be,
in which the vehicle is located, which notice shall contain a
description of the make, year, model, identification number, and
license number of the vehicle, and the date, time, and location
of the sale. For motorcycles, the engine number shall also be
included. If there is no newspaper of general circulation
published in the county, notice shall be given by posting a
notice of sale containing the information required by this
subdivision in three of the most public places in the city or
county in which the vehicle is located and at the place where
the vehicle is to be sold for 10 consecutive days prior to and
including the day of the sale.
(d) The proceeds of a sale conducted pursuant to this section
shall be disposed of in the following priority:
(1) To satisfy the costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending
sale.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale,
including accrued interest or finance charges and delinquency
charges.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle to satisfy any indebtedness so secured if written
notification of demand is received before distribution of the
proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall reasonably furnish reasonable
proof of its interest, and unless it does so on request is not
entitled to distribution pursuant to this paragraph.
(4) To any other person who can establish an interest in the
vehicle, including a community property interest, to the extent
of his or her provable interest.
(5) The balance, if any, to the city or county in which the
violation occurred, to be deposited in a special account in its
general fund to be used exclusively to pay the costs or a part
of the costs of providing services or education to prevent
juvenile violence.
The person conducting the sale shall disburse the proceeds of
the sale as provided in this subdivision, and provide a written
accounting regarding the disposition to all persons entitled to
or claiming a share of the proceeds, within 15 days after the
sale is conducted.
(e) If the vehicle to be sold under this section is not of the
type that can readily be sold to the public generally, the
vehicle shall be destroyed or donated to an eleemosynary
institution.
(f) No vehicle may be sold pursuant to this section in either of
the following circumstances:
(1) The vehicle is stolen, unless the identity of the legal and
registered owners of the vehicle cannot be reasonably
ascertained.
(2) The vehicle is owned by another, or there is a community
property interest in the vehicle owned by a person other than
the defendant and the vehicle is the only vehicle available to
the defendant's immediate family which may be operated on the
highway with a class 3 or class 4 driver's license.
(g) A vehicle is used in the commission of a violation of the
offenses enumerated in subdivision (a) if a firearm is
discharged either from the vehicle at another person or by an
occupant of a vehicle other than the vehicle in which the victim
is an occupant.
246.3. Except as otherwise authorized by law, any person
who willfully discharges a firearm in a grossly negligent manner
which could result in injury or death to a person is guilty of a
public offense and shall be punished by imprisonment in the
county jail not exceeding one year, or by imprisonment in the
state prison.
247. (a) Any person who willfully and maliciously
discharges a firearm at an unoccupied aircraft is guilty of a
felony.
(b) Any person who discharges a firearm at an unoccupied motor
vehicle or an uninhabited building or dwelling house is guilty
of a public offense punishable by imprisonment in the county
jail for not more than one year or in the state prison. This
subdivision does not apply to shooting at an abandoned vehicle,
unoccupied vehicle, uninhabited building, or dwelling house with
the permission of the owner.
As used in this section and Section 246 "aircraft" means any
contrivance intended for and capable of transporting persons
through the airspace.
247.5. Any person who willfully and maliciously
discharges a laser at an aircraft, whether in motion or in
flight, while occupied, is guilty of a violation of this
section, which shall be punishable as either a misdemeanor by
imprisonment in the county jail for not more than one year or by
a fine of one thousand dollars ($1,000), or a felony by
imprisonment in the state prison for 16 months, two years, or
three years, or by a fine of two thousand dollars ($2,000). This
section does not apply to the conduct of laser development
activity by or on behalf of the United States Armed Forces.
As used in this section, "aircraft" means any contrivance
intended for and capable of transporting persons through the
airspace.
As used in this section, "laser" means a device that utilizes
the natural oscillations of atoms or molecules between energy
levels for generating coherent electromagnetic radiation in the
ultraviolet, visible, or infrared region of the spectrum, and
when discharged exceeds one milliwatt continuous wave.
248. Any person who, with the intent to interfere with
the operation of an aircraft, willfully shines a light or other
bright device, of an intensity capable of impairing the
operation of an aircraft, at an aircraft, shall be punished by a
fine not exceeding one thousand dollars ($1,000), or by
imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment.
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