TYPES OF ASSAULT

M. ReidCalifornia Criminal Law Concepts Chapter 10

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ASSAULT AND BATTERY

Crimes against PersonsThe difference between Assault and Battery is the actual “_______”

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contact

240 PC: ASSAULT

• The "attempted" or threatened battery. The crime of assault is actually complete ______ the offender actually touches the victim

• 240 PC: Unlawful attempt, coupled with present ______ to commit a violent injury on the person of another

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before

ability

242 PC “BATTERY”

• Battery; Unlawful, unjustified, offensive "________"

• "The willful and ________ use of force or violence upon the person of another" (Misdemeanor)

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touching

unlawful

ASSAULTS (Special Classes)

• Peace officers, firefighters, emergency medical technicians paramedics, lifeguards, process servers, traffic officers, code enforcement officers, animal control officers, physicians or nurses engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a “Highway worker,” (added 2009) and

• The person committing the offense knows or reasonably should know that the victim is one of the above “protected classes…” 5

PC 242 BATTERY

• The willful and unlawful use of force or violence upon the ______ of another • Discussion of various

methods of this use of force or violence• Touching, Kissing, Spitting,

Slapping

person

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PC 243: PUNISHMENT FOR BATTERY

• PC 243(b)includes “protected classes” when engaged in the “performance of their duties”

• PC 243(e)(1) Includes “Spouses” and “______” or “engagement” relationships

• Also, increases penalties to felonies if victims are seriously injured

Dating

PC§ 243.4.SEXUAL BATTERY

a)Any person who _______ an intimate part of another person while that person is unlawfully _________ by the accused or an accomplice is guilty of sexual battery (Wobbler)

Note: In 243.4, one section includes the words “restrain” and the other does not

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restrained

touches

SEXUAL BATTERY (continued)

• and if the touching is against the ___ of the person touched and is for the purpose of:sexual _______, sexual __________, or sexual ______

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will

arousalgratification

abuse

SEXUAL BATTERY INCLUDES

b) a person who is institutionalized for medical treatment and who is seriously ________ or medically incapacitated

c) If the victim is unconscious of the nature of the act because the perpetrator __________ represented that the touching served a professional purpose

disabled

fraudulently

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243.4 PC (Continued)

d)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 ____ personthird

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WITHOUT “RESTRAINT” REQUIREMENT

e)(1) Any person who touches an intimate part of another person, if the touching is against the ____ of the person touched, and is for the specific purpose of sexual ______ , sexual gratification, or sexual _____, is guilty of misdemeanor sexual battery

will

arousalabuse

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“TOUCHING” DEFINED

“Touches" means physical contact with another person,

whether accomplished _______, through the _______ of the

person committing the offense,

or through the clothing of the victim

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directlyclothing

EXHIBITING DEADLY WEAPONS

• Includes Replica’s and “Imitation” weapons as well as “real” ones

• This includes “Air Soft Guns”

• This doesn’t mean you can’t possess them, you just can’t “threaten” someone with one 14

DRAWING, EXHIBITING OR USING FIREARM

OR DEADLY WEAPON

• PC417(a)(1) ...in a rude, angry or threatening manner, or unlawfully uses the weapon in any fight or quarrel equals Misdemeanor (Not less 30 days)

• PC417(a)(2)...whether loaded or unloaded...in rude, angry manner, etc., no less than 3 months in jail

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DRAWING, EXHIBITING OR USING FIREARM OR

DEADLY WEAPON (Continued)

• 417(b)...any fight or quarrel upon day care center, or rec. programs for juveniles.

• 417(c)...in the presence of a police officer...loaded or not, equals 1 yr. prison - Wobbler

• Includes in presence of reserve officer

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417.3 PC DRAWING OR EXHIBITING FIREARM IN

PRESENCE OF VEHICLE OCCUPANT• Presence of ANY other person who

is an occupant of a vehicle• On any street/highway• Draws or exhibits ANY firearm...

(Except in self defense)• In a “__________ manner"• To cause a reasonable person

"apprehension" or "fear" of GBI• FELONY

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threatening

DRAWING OR EXHIBITING A REPLICA / IMITATION FIREARM

417.4 PC Drawing or exhibits an imitation firearm

in a threatening mannerto cause apprehension or fear

of great bodily injuryImitation or replica; so

substantially ______ to real firearm would lead a reasonable person to believe it was real

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similar

417.6 PC INFLICTING INJURY

Serious Bodily Injury Includes:

Loss of ___________, concussion, broken bones

Protracted loss or impairment of bodily functions/organs

Wound requiring extensive suturing

Serious ___________

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consciousness

disfigurement

417.8 PC DRAWING OR EXHIBITING A WEAPON

TO AVOID ARRESTDrawing or exhibiting any firearm

loaded or unloadedOr any ______ WEAPONWith the ______ to resist or prevent

the arrest or detention of himself/or others, by a peace officer

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deadlyintent

PC§ 245 ASSAULT WITH DEADLY WEAPON: OTHER THAN A FIREARM

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 _____ likely to produce great bodily injury

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force

PC 245 WITH FIREARMS

2) Any person who commits an assault upon the person of another with a firearm

3. …a machinegun or an _______ weapon

Or with a _____________ firearm

assault

semi-automatic

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ADDITIONAL ASSAULT / BATTERY SECTIONS

Includes assault against:Police, Paramedics, other

emergency personnel Custodial OfficersTransit EmployeesSchool EmployeesHighway Workers (Added: 2009)

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PC 245.6 HAZINGAny method of initiation or pre-initiation into a student organization…

Likely to cause serious bodily injuryIf the hazing results in death or

serious bodily injury may be charged as a felony

Victim may also sue for civil damages

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PC§ 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 ____, flammable substance, or caustic chemical of any nature,

• with the intent to injure the flesh or ________ the body of that person

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acid

disfigure

PC 244.5 ASSAULT WITH STUN GUN OR TASER

Note: Stun Gun means any weapon (excluding “Less Lethal Weapons”)

• Used as an offensive or defensive weapon

• That is capable of:__________ ___________ a person by the

infliction of an electrical charge• Also includes “Protected classes” -

against police, etc.

Temporarily immobilizing

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POISONING FOOD, DRINKS, ETC.

• PC 347: “mingles” any poison or harmful substance with any food, drink, medicine, or pharmaceutical product, or

• who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply

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PC 347 (Continued)

(b) Maliciously informs any other person that a poison or other harmful substance has been or will be…

placed in any food, drink, medicine, pharmaceutical product, or public water supply,

knowing that such report is false

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THROWING OBJECTS/SHOOTING

• CVC 23110 Throwing Substances at Vehicles

• PC 247 Shooting at aircraft• PC 247.5 Pointing lasers at aircraft• PC 248 Lights as interference with

aircraft• PC 246.3 Shooting negligently• PC 219.2 Shooting at common carriers• PC 246/247 Shooting at inhabited &

unoccupied places 29

PC 220

Assaulting another with ______ to commit:

___________________Oral copulation, or…any violation of Section

264.1, 288 or 289

intent

MayhemRapeSodomy

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ADMINISTERING STUPEFYING DRUGS

PC 222; Administering Controlled Substances or Anesthetic to Aid Felony. Includes:

Chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent,

With ______ thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony

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intent

MAYHEM – OTHER STATUTES

• PC 203 Mayhem• PC 205 Aggravated Mayhem• PC 206 _______• PC§ 147. Inhumane Treatment or

oppression of ________• PC§ 149. Assault and Battery by

Officer Under _____ of Authority

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Torture

prisoners

color

203 PC MAYHEM

• Unlawfully, maliciously ________ a person of a _______ of his body, disables, disfigures, or renders it ______, or

• Cuts, disables the tongue, or puts out an eye, or

• ____ the nose, ear or lip• Punishment; up to 8 yrs. prison 204

PC

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deprivesmember

useless

Slits

ABANDONMENT OF ASSAULT

Essentially, just because someone stops in their “assault” and does not complete the act of “battery,” is not an “abandonment” of the assault itself

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ASSAULTS – JUSTIFICATIONS

AND EXCUSELegal Justification for an assault

Self defense

Defense of others

Effecting an arrest

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DOMESTIC VIOLENCE

• PC 273.5 Inflicting injury on spouse or _________

• PC 273.6, 273,65: Violations of protective orders

• PC 273a Endangering Life of a Child

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cohabitant

DOMESTIC VIOLENCE (Continued)

• PC 273a: Child Abuse or Endangerment• PC 273ab: Assault on a Child

Under __ years - force likely to cause death or great bodily injury. • PC 273d Cruel or _________

punishment of a child

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inhumane

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PC 273i (Added for 2009)

PC 273i; Publishing information describing or depicting a child, ___ or younger,

Their location…by use of ____ medium

So that the child may be found by another for committing a crime against the child… (Misdemeanor)

14any

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PC 273.4• Female Genital _________

• Can include felony violations of PC 273a. Child Abuse or Endangerment

• When performed for “non-medical” purposes.

mutilation

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MANDATORY REPORTING

PC 11166 Mandating Reporting

If….the person has knowledge of, observes, or

__________ suspects a child has been the victim of child abuse or ______

Reasonably

neglect

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PC 11166.05 MENTAL SUFFERING

• Mandated reporting includes “reasonable” suspicion of a child suffering serious _________ damage

• Evidenced by:

Severe AnxietyDepressionWithdrawalUntoward aggressive behavior

emotional

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VICTIMS OF VIOLENT CRIME STATUTORY

REQUIREMENTS

• Officers required to inform victims

• Damages and restitution• California’s Victim

Compensation

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