Transcript Assault and Battery - Professor Mike Reid.com

TYPES OF
ASSAULT
M. Reid
California Criminal Law Concepts
Chapter 10
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ASSAULT AND BATTERY
Crimes against Persons
The difference between
Assault and Battery is the
contact
actual “_______”
2
240 PC: ASSAULT
• The "attempted" or threatened
battery. The crime of assault is
actually complete ______
before the
offender actually touches the
victim
• 240 PC: Unlawful attempt,
ability
coupled with present ______
to commit a violent injury on
the person of another
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242 PC “BATTERY”
• Battery; Unlawful,
unjustified, offensive
touching
"________"
unlawful
• "The willful and ________
use of force or violence
upon the person of
another" (Misdemeanor)
4
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…”
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PC 242 BATTERY
• The willful and unlawful use
of force or violence upon the
______
person of another
• Discussion of various
methods of this use of force
or violence
• Touching, Kissing, Spitting,
Slapping
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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
“______”
Dating or “engagement”
relationships
• Also, increases penalties to felonies if
victims are seriously injured
PC§ 243.4.
SEXUAL BATTERY
a)Any person who _______
touches an
intimate part of another person
while that person is unlawfully
_________
restrained 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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SEXUAL BATTERY
(continued)
• and if the touching is against
the ___
will of the person
touched and is for the
purpose of:
sexual _______,
arousal
sexual __________,
gratification
or sexual ______
abuse
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SEXUAL BATTERY
INCLUDES
b) a person who is institutionalized for
medical treatment and who is
disabled or medically
seriously ________
incapacitated
c) If the victim is unconscious of the
nature of the act because the
perpetrator __________
fraudulently represented
that the touching served a
professional purpose
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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
____
third person
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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
____
will of the person touched,
and is for the specific purpose of
sexual ______
arousal , sexual
gratification, or sexual _____,
abuse
is guilty of misdemeanor sexual
battery
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“TOUCHING” DEFINED
“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
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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
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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)
threatening manner"
• In a “__________
• To cause a reasonable person
"apprehension" or "fear" of GBI
• FELONY
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DRAWING OR EXHIBITING A
REPLICA / IMITATION FIREARM
417.4 PC Drawing or exhibits
an imitation firearm
in a threatening manner
to cause apprehension or fear
of great bodily injury
Imitation or replica; so
substantially ______
similar to real
firearm would lead a
reasonable person to believe it
was real
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417.6 PC INFLICTING
INJURY
Serious Bodily Injury Includes:
Loss of ___________,
consciousness
concussion, broken bones
Protracted loss or impairment
of bodily functions/organs
Wound requiring extensive
suturing
disfigurement
Serious ___________
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417.8 PC DRAWING OR
EXHIBITING A WEAPON
TO AVOID ARREST
Drawing or exhibiting any
firearm
loaded or unloaded
Or any ______
deadly WEAPON
intent to resist or
With the ______
prevent the arrest or detention of
himself/or others, by a peace
officer
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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
force likely to
by any means of _____
produce great bodily injury
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PC 245 WITH FIREARMS
2) Any person who commits
an assault upon the
person of another with a
firearm
3. …a machinegun or an
assault weapon
_______
semi-automatic
Or with a _____________
firearm
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ADDITIONAL ASSAULT /
BATTERY SECTIONS
Includes assault against:
Police, Paramedics, other
emergency personnel
Custodial Officers
Transit Employees
School Employees
Highway Workers (Added: 2009)
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PC 245.6 HAZING
Any method of initiation or
pre-initiation into a student
organization…
Likely to cause serious bodily injury
If 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 ____,
acid
flammable substance, or caustic
chemical of any nature,
• with the intent to injure the flesh or
________
disfigure the body of that person
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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:
Temporarily ___________
immobilizing a person
 __________
by the infliction of an electrical charge
• Also includes “Protected classes” against police, etc.
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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
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PC 220
Assaulting another with
intent to commit:
______
_______
Mayhem
Rape
_____
Sodomy
_______
Oral copulation, or…
any violation of Section
264.1, 288 or 289
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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,
intent thereby to enable
With ______
or assist himself or herself or
any other person to commit a
felony, is guilty of a felony
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MAYHEM –
OTHER STATUTES
PC 203 Mayhem
PC 205 Aggravated Mayhem
Torture
PC 206 _______
PC§ 147. Inhumane Treatment
or oppression of ________
prisoners
• PC§ 149. Assault and Battery by
Officer Under color
_____ of Authority
•
•
•
•
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203 PC MAYHEM
deprives a
• Unlawfully, maliciously ________
person of a _______
member of his body,
disables, disfigures, or renders it
useless or
______,
• Cuts, disables the tongue, or puts
out an eye, or
• ____
Slits the nose, ear or lip
• Punishment; up to 8 yrs. prison 204
PC
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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 EXCUSE
Legal Justification for an
assault
Self defense
Defense of others
Effecting an arrest
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DOMESTIC VIOLENCE
• PC 273.5 Inflicting injury on
cohabitant
spouse or _________
• PC 273.6, 273,65: Violations
of protective orders
• PC 273a Endangering Life of
a Child
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DOMESTIC VIOLENCE
(Continued)
• PC 273a: Child Abuse or
Endangerment
• PC 273ab: Assault on a Child
8 years - force likely
Under __
to cause death or great
bodily injury.
• PC 273d Cruel or _________
inhumane
punishment of a child
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PC 273i
(Added for 2009)
PC 273i; Publishing information
describing or depicting a child,
___
14 or younger,
any
Their location…by use of ____
medium
So that the child may be found by
another for committing a crime
against the child…
(Misdemeanor)
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PC 273.4
• Female Genital _________
mutilation
• Can include felony violations of
PC 273a. Child Abuse or
Endangerment
• When performed for “nonmedical” purposes.
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MANDATORY
REPORTING
PC 11166 Mandating Reporting
 If….the person has knowledge
of, observes, or
 __________
Reasonably suspects a child
has been the victim of child
abuse or ______
neglect
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PC 11166.05
MENTAL SUFFERING
• Mandated reporting includes
“reasonable” suspicion of a child
suffering serious _________
emotional damage
• Evidenced by:
 Severe Anxiety
 Depression
 Withdrawal
 Untoward aggressive behavior
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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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