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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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