"u.s.a"california penal code

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207. (a) Every person who forcibly, or by any other means of
instilling fear, steals or takes, or holds, detains, or arrests any
person in this state, and carries the person into another country,
state, or county, or into another part of the same county, is guilty
of kidnapping.
(b) Every person, who for the purpose of committing any act
defined in Section 288, hires, persuades, entices, decoys, or seduces
by false promises, misrepresentations, or the like, any child under
the age of 14 years to go out of this country, state, or county, or
into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling
fear, takes or holds, detains, or arrests any person, with a design
to take the person out of this state, without having established a
claim, according to the laws of the United States, or of this state,
or who hires, persuades, entices, decoys, or seduces by false
promises, misrepresentations, or the like, any person to go out of
this state, or to be taken or removed therefrom, for the purpose and
with the intent to sell that person into slavery or involuntary
servitude, or otherwise to employ that person for his or her own use,
or to the use of another, without the free will and consent of that
persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by
force or fraud any person contrary to the law of the place where
that act is committed, and brings, sends, or conveys that person
within the limits of this state, and is afterwards found within the
limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the
amount of force required to kidnap an unresisting infant or child is
the amount of physical force required to take and carry the child
away a substantial distance for an illegal purpose or with an illegal
intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the
following:
(1) To any person who steals, takes, entices away, detains,
conceals, or harbors any child under the age of 14 years, if that act
is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.



208. (a) Kidnapping is punishable by imprisonment in the state
prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time
of the commission of the crime, the kidnapping is punishable by
imprisonment in the state prison for 5, 8, or 11 years. This
subdivision is not applicable to the taking, detaining, or
concealing, of a minor child by a biological parent, a natural
father, as specified in Section 7611 of the Family Code, an adoptive
parent, or a person who has been granted access to the minor child by
a court order.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be
confined in the county jail for 12 months, it shall specify its
reason or reasons for imposing a lesser penalty.



209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon
conviction thereof, shall be punished by imprisonment in the state
prison for life without possibility of parole in cases in which any
person subjected to any such act suffers death or bodily harm, or is
intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment
in the state prison for life with the possibility of parole in cases
where no such person suffers death or bodily harm.
(b) (1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or any
violation of Section 264.1, 288, or 289, shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
(2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be confined
in the county jail for 12 months, it shall specify its reason or
reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61. A person may be charged with a violation of
subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.



209.5. (a) Any person who, during the commission of a carjacking
and in order to facilitate the commission of the carjacking, kidnaps
another person who is not a principal in the commission of the
carjacking shall be punished by imprisonment in the state prison for
life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is
beyond that merely incidental to the commission of the carjacking,
the victim is moved a substantial distance from the vicinity of the
carjacking, and the movement of the victim increases the risk of harm
to the victim over and above that necessarily present in the crime
of carjacking itself.
(c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months. If the
court grants probation without requiring the defendant to be
confined in the county jail for 12 months, it shall specify its
reason or reasons for imposing a lesser penalty.




210. Every person who for the purpose of obtaining any ransom or
reward, or to extort or exact from any person any money or thing of
value, poses as, or in any manner represents himself to be a person
who has seized, confined, inveigled, enticed, decoyed, abducted,
concealed, kidnapped or carried away any person, or who poses as, or
in any manner represents himself to be a person who holds or detains
such person, or who poses as, or in any manner represents himself to
be a person who has aided or abetted any such act, or who poses as or
in any manner represents himself to be a person who has the
influence, power, or ability, to obtain the release of such person so
seized, confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped or carried away, is guilty of a felony and upon conviction
thereof shall be punished by imprisonment for two, three or four
years.
Nothing in this section prohibits any person who, in good faith
believes that he can rescue any person who has been seized, confined,
inveigled, enticed, decoyed, abducted, concealed, kidnapped or
carried away, and who has had no part in, or connection with, such
confinement, inveigling, decoying, abducting, concealing, kidnapping,
or carrying away, from offering to rescue or obtain the release of
such person for a monetary consideration or other thing of value.[/align]

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210.5. Every person who commits the offense of false imprisonment,
as defined in Section 236, against a person for purposes of
protection from arrest, which substantially increases the risk of
harm to the victim, or for purposes of using the person as a shield
is punishable by imprisonment in the state prison for three, five, or
eight years.

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[align=left]211. Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will, accomplished by means of force or fear.



212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the
person robbed, or of any relative of his or member of his family;
or,
2. The fear of an immediate and unlawful injury to the person or
property of anyone in the company of the person robbed at the time of
the robbery.



212.5. (a) Every robbery of any person who is performing his or her
duties as an operator of any bus, taxicab, cable car, streetcar,
trackless trolley, or other vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air, and used
for the transportation of persons for hire, every robbery of any
passenger which is perpetrated on any of these vehicles, and every
robbery which is perpetrated in an inhabited dwelling house, a vessel
as defined in Section 21 of the Harbors and Navigation Code which is
inhabited and designed for habitation, an inhabited floating home as
defined in subdivision (d) of Section 18075.55 of the Health and
Safety Code, a trailer coach as defined in the Vehicle Code which is
inhabited, or the inhabited portion of any other building is robbery
of the first degree.
(b) Every robbery of any person while using an automated teller
machine or immediately after the person has used an automated teller
machine and is in the vicinity of the automated teller machine is
robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions
(a) and (b) are of the second degree.



213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or
more other persons, commits the robbery within an inhabited dwelling
house, a vessel as defined in Section 21 of the Harbors and
Navigation Code, which is inhabited and designed for habitation, an
inhabited floating home as defined in subdivision (d) of Section
18075.55 of the Health and Safety Code, a trailer coach as defined in
the Vehicle Code, which is inhabited, or the inhabited portion of
any other building, by imprisonment in the state prison for three,
six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by
imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in
the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of
paragraph (2) of subdivision (a) is punishable by imprisonment in
the state prison.



214. Every person who goes upon or boards any railroad train, car
or engine, with the intention of robbing any passenger or other
person on such train, car or engine, of any personal property thereon
in the possession or care or under the control of any such passenger
or other person, or who interferes in any manner with any switch,
rail, sleeper, viaduct, culvert, embankment, structure or appliance
pertaining to or connected with any railroad, or places any dynamite
or other explosive substance or material upon or near the track of
any railroad, or who sets fire to any railroad bridge or trestle, or
who shows, masks, extinguishes or alters any light or other signal,
or exhibits or compels any other person to exhibit any false light or
signal, or who stops any such train, car or engine, or slackens the
speed thereof, or who compels or attempts to compel any person in
charge or control thereof to stop any such train, car or engine, or
slacken the speed thereof, with the intention of robbing any
passenger or other person on such train, car or engine, of any
personal property thereon in the possession or charge or under the
control of any such passenger or other person, is guilty of a felony.




215. (a) "Carjacking" is the felonious taking of a motor vehicle in
the possession of another, from his or her person or immediate
presence, or from the person or immediate presence of a passenger of
the motor vehicle, against his or her will and with the intent to
either permanently or temporarily deprive the person in possession of
the motor vehicle of his or her possession, accomplished by means of
force or fear.
(b) Carjacking is punishable by imprisonment in the state prison
for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect
Section 211. A person may be charged with a violation of this
section and Section 211. However, no defendant may be punished under
this section and Section 211 for the same act which constitutes a
violation of both this section and Section 211.[/align]

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217.1. (a) Except as provided in subdivision (b), every person who
commits any assault upon the President or Vice President of the
United States, the Governor of any state or territory, any justice,
judge, or former judge of any local, state, or federal court of
record, any commissioner, referee, or other subordinate judicial
officer of any court of record, the secretary or director of any
executive agency or department of the United States or any state or
territory, or any other official of the United States or any state or
territory holding elective office, any mayor, city council member,
county supervisor, sheriff, district attorney, prosecutor or
assistant prosecutor of any local, state, or federal prosecutor's
office, a former prosecutor or assistant prosecutor of any local,
state, or federal prosecutor's office, public defender or assistant
public defender of any local, state, or federal public defender's
office, a former public defender or assistant public defender of any
local, state, or federal public defender's office, the chief of
police of any municipal police department, any peace officer, any
juror in any local, state, or federal court of record, or the
immediate family of any of these officials, in retaliation for or to
prevent the performance of the victim's official duties, shall be
punished by imprisonment in the county jail not exceeding one year or
by imprisonment in the state prison.
(b) Notwithstanding subdivision (a), every person who attempts to
commit murder against any person listed in subdivision (a) in
retaliation for or to prevent the performance of the victim's
official duties, shall be confined in the state prison for a term of
15 years to life. The provisions of Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
any minimum term of 15 years in a state prison imposed pursuant to
this section, but that person shall not otherwise be released on
parole prior to such time.
(c) For the purposes of this section, the following words have the
following meanings:
(1) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(2) "Peace officer" means any person specified in subdivision (a)
of Section 830.1 or Section 830.5.



218. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine, or
who unlawfully places any dynamite or other explosive material or any
other obstruction upon or near the track of any railroad with the
intention of blowing up or derailing any such train, car or engine,
or who unlawfully sets fire to any railroad bridge or trestle, over
which any such train, car or engine must pass with the intention of
wrecking such train, car or engine, is guilty of a felony, and shall
be punished by imprisonment in the state prison for life without
possibility of parole.


218.1. Any person who unlawfully and with gross negligence places
or causes to be placed any obstruction upon or near the track of any
railroad that proximately results in either the damaging or derailing
of any passenger, freight, or other train, or injures a rail
passenger or employee, shall be punished by imprisonment in the state
prison for two, three, or four years, or by imprisonment in a county
jail for not more than one year, or by a fine not to exceed two
thousand five hundred dollars ($2,500), or by both that imprisonment
and fine.


219. Every person who unlawfully throws out a switch, removes a
rail, or places any obstruction on any railroad with the intention of
derailing any passenger, freight or other train, car or engine and
thus derails the same, or who unlawfully places any dynamite or other
explosive material or any other obstruction upon or near the track
of any railroad with the intention of blowing up or derailing any
such train, car or engine and thus blows up or derails the same, or
who unlawfully sets fire to any railroad bridge or trestle over which
any such train, car or engine must pass with the intention of
wrecking such train, car or engine, and thus wrecks the same, is
guilty of a felony and punishable with death or imprisonment in the
state prison for life without possibility of parole in cases where
any person suffers death as a proximate result thereof, or
imprisonment in the state prison for life with the possibility of
parole, in cases where no person suffers death as a proximate result
thereof. The penalty shall be determined pursuant to Sections 190.3
and 190.4.



219.1. Every person who unlawfully throws, hurls or projects at a
vehicle operated by a common carrier, while such vehicle is either in
motion or stationary, any rock, stone, brick, bottle, piece of wood
or metal or any other missile of any kind or character, or does any
unlawful act, with the intention of wrecking such vehicle and doing
bodily harm, and thus wrecks the same and causes bodily harm, is
guilty of a felony and punishable by imprisonment in the state prison
for two, four, or six years.



219.2. Every person who willfully throws, hurls, or projects a
stone or other hard substance, or shoots a missile, at a train,
locomotive, railway car, caboose, cable railway car, street railway
car, or bus or at a steam vessel or watercraft used for carrying
passengers or freight on any of the waters within or bordering on
this state, is punishable by imprisonment in the county jail not
exceeding one year, or in a state prison, or by fine not exceeding
two thousand dollars ($2,000), or by both such fine and imprisonment.



219.3. Any person who wilfully drops or throws any object or
missile from any toll bridge is guilty of a misdemeanor.[/align]

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[align=left]220. (a) Except as provided in subdivision (b), any person who
assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.


222. Every person guilty of administering to another any
chloroform, ether, laudanum, or any controlled substance,
anaesthetic, or intoxicating agent, with intent thereby to enable or
assist himself or herself or any other person to commit a felony, is
guilty of a felony.[/align]

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[align=left]236. False imprisonment is the unlawful violation of the personal
liberty of another.



236.1. (a) Any person who deprives or violates the personal liberty
of another with the intent to effect or maintain a felony violation
of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced
labor or services, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
(c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
(d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
(2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
(e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
(f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.



236.2. (a) Within 15 business days of the first encounter of a
victim of human trafficking, victim pursuant to Section 236.1, law
enforcement agencies shall provide brief letters that satisfy the
following Law Enforcement Agency Endorsement (LEA) regulations as
found in Section 214.11(f)(1) of Chapter 8 of the Code of Federal
Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914. The LEA endorsement must be filled out completely in
accordance with the instructions contained on the form and must
attach the results of any name or database inquiry performed. In
order to provide persuasive evidence, the LEA endorsement must
contain a description of the victimization upon which the application
is based, including the dates the trafficking in persons and
victimization occurred, and be signed by a supervising official
responsible for the investigation or prosecution of trafficking in
persons. The LEA endorsement must address whether the victim had been
recruited, harbored, transported, provided, or obtained specifically
for either labor or services, or for the purposes of a commercial
*** act.
(c) Where state law enforcement agencies find the grant of a LEA
endorsement to be inappropriate for a victim of trafficking in
persons, the agency shall within 15 days provide the victim with a
letter explaining the grounds of the denial of the LEA. The victim
may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt
of additional evidence.



237. (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment in the state prison.
(b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.
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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 parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) 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, code
enforcement 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, code
enforcement 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.
(d) 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.
(9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
(10) "Parking control 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.



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 38000 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.



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 Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the assault, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the assault.



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, code
enforcement 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, code enforcement 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 ***ual
involvement independent of financial considerations.
(11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, who has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the
Mobilehomes-Manufactured Housing Act (Part 2 (commencing with Section
18000) of Division 13 of the Health and Safety Code); the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13
of the Health and Safety Code); and the Special Occupancy Parks Act
(Part 2.3 (commencing with Section 18860) of Division 13 of the
Health and Safety Code).
(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 ***ual arousal, ***ual
gratification, or ***ual abuse, is guilty of ***ual 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
***ual arousal, ***ual gratification, or ***ual abuse, is guilty of
***ual 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 ***ual arousal, ***ual gratification, or ***ual 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 ***ual 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 ***ual arousal, ***ual
gratification, or ***ual 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 ***ual 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 ***ual arousal, ***ual gratification, or
***ual abuse, is guilty of misdemeanor ***ual 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 ***ual 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 ***ual 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 ***ual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) "***ual 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.



243.83. (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 field of play with
the intent to interfere with play or distract a player.
(2) Enter upon the court or field of play without permission from
an authorized person any time after the authorized participants of
play have entered the court or field to begin the sporting event and
until the participants of play have completed the playing time of the
sporting event.
(b) (1) The owner of the facility in which a professional sporting
event is to be held shall provide a notice specifying the unlawful
activity prohibited by this section and the punishment for engaging
in that prohibited activity.
(2) The notice shall be prominently displayed throughout the
facility or may be provided by some other manner, such as on a big
screen or by a general public announcement. In addition, notice
shall be posted at all controlled entry areas of the sporting
facility.
(3) Failure to provide the notice shall not be a defense to a
violation of this section.
(c) For the purposes of this section, the following terms have the
following meanings:
(1) "Player" includes any authorized participant of play,
including, but not limited to, team members, referees however
designated, and support staff, whether or not any of those persons
receive compensation.
(2) "Professional sporting event" means a scheduled sporting event
involving a professional sports team or organization or a
professional athlete for which an admission fee is charged to the
public.
(d) A violation of subdivision (a) is an infraction punishable by
a fine not exceeding two hundred fifty dollars ($250). The fine
shall not be subject to penalty assessments as provided in Section
1464 or 1465.7 of this code or Section 76000 of the Government Code.

(e) This section shall apply to attendees at professional sporting
events; this section shall not apply to players or to sports
officials, as defined in Section 243.8.
(f) Nothing in this section shall be construed to limit or prevent
prosecution under any applicable provision of law.



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.



243.10. (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 Forces shall be punished by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment.
(b) "Because of" means that the bias motivation must be a cause in
fact of the battery, whether or not other causes exist. When
multiple concurrent motives exist, the prohibited bias must be a
substantial factor in bringing about the battery.



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, or a .50 BMG rifle, as
defined in Section 12278, 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, or a .50 BMG rifle, as defined in Section 12278,
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.



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 student body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury to any
former, current, or prospective student of any school, community
college, college, university, or other educational institution in
this state. The term "hazing" does not include customary athletic
events or school-sanctioned events.
(c) A violation of this section that does not result in serious
bodily injury is a misdemeanor, punishable by a fine of not less than
one hundred dollars ($100), nor more than five thousand dollars
($5,000), or imprisonment in the county jail for not more than one
year, or both.
(d) Any person who personally engages in hazing that results in
death or serious bodily injury as defined in paragraph (4) of
subdivision (f) of Section 243 of the Penal Code, is guilty of either
a misdemeanor or a felony, and shall be punished by imprisonment in
county jail not exceeding one year, or by imprisonment in the state
prison.
(e) The person against whom the hazing is directed may commence a
civil action for injury or damages. The action may be brought against
any participants in the hazing, or any organization to which the
student is seeking membership whose agents, directors, trustees,
managers, or officers authorized, requested, commanded, participated
in, or ratified the hazing.
(f) Prosecution under this section shall not prohibit prosecution
under any other provision of law.


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. (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 to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
(b) Except as otherwise authorized by law, any person who
willfully discharges a BB device 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 a county jail not
exceeding one year.
(c) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.


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.[/align]