Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 244.5

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 244.5

(a) As used in this section, "stun gun" means any item,
except a less lethal weapon, as defined in Section 12601, 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 less lethal weapon, as defined in Section 12601,
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 less lethal weapon, as
defined in Section 12601, 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.

Last modified: January 12, 2009