California Penal Code CHAPTER 9 - Assault and Battery

  • Section 240.
    An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.(Enacted 1872.)
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 241.5.
    (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense knows...
  • Section 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...
  • Section 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,...
  • Section 241.8.
    (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim’s service in the United States Armed...
  • Section 242.
    A battery is any willful and unlawful use of force or violence upon the person of another.(Enacted 1872.)
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 243.65.
    (a) When a battery is committed against the person of a highway worker engaged in the performance of his or her duties and the person committing...
  • Section 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,...
  • Section 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...
  • Section 243.83.
    (a) It is unlawful for any person attending a professional sporting event to do any of the following:(1) Throw any object on or across the court or...
  • Section 243.85.
    The owner of any professional sports facility shall post, visible from a majority of the seating in the stands at all times, at controlled entry...
  • Section 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...
  • Section 243.10.a.
    (a) Any person who commits a battery against a member of the United States Armed Forces because of the victim’s service in the United States Armed...
  • Section 243.15.
    Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state,...
  • Section 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,...
  • Section 244.5.
    (a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be...
  • Section 245.
    (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 245.6.
    (a) It shall be unlawful to engage in hazing, as defined in this section.(b) “Hazing” means any method of initiation or preinitiation into a student organization or...
  • Section 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...
  • Section 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,...
  • Section 246.3.
    (a) 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...
  • Section 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...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018