TYPES OF ASSAULT M Reid California Criminal Law

TYPES OF ASSAULT M. Reid California Criminal Law Concepts Chapter 10 1

ASSAULT AND BATTERY Crimes against Persons üThe 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 3

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…” 5

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 6

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 8

SEXUAL BATTERY (continued) • and if the touching is against the ___ will of the person touched and is for the purpose of: üsexual _______, arousal üsexual _____, gratification abuse üor sexual ______ 9

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 fraudulently represented perpetrator _____ that the touching served a professional purpose 10

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 11

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 arousal , sexual ______ abuse gratification, or sexual _____, is guilty of misdemeanor sexual battery 12

“TOUCHING” DEFINED “Touches" means physical contact with another person, üwhether accomplished directly _______, üthrough the _______ clothing of the person committing the offense, üor through the clothing of the victim 13

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 • PC 417(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) • PC 417(a)(2). . . whether loaded or unloaded. . . in rude, angry manner, etc. , no less than 3 months in jail 15

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 16

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. . . ü(Except in self defense) threatening manner" In a “_____ To cause a reasonable person "apprehension" or "fear" of GBI FELONY 17

DRAWING OR EXHIBITING A REPLICA / IMITATION FIREARM 417. 4 PC Drawing or exhibits an imitation firearm üin a threatening manner üto cause apprehension or fear of great bodily injury üImitation or replica; so similar to real substantially ______ firearm would lead a reasonable person to believe it was real 18

417. 6 PC INFLICTING INJURY Serious Bodily Injury Includes: consciousness üLoss of ______, concussion, broken bones üProtracted loss or impairment of bodily functions/organs üWound requiring extensive suturing disfigurement üSerious ______ 19

417. 8 PC DRAWING OR EXHIBITING A WEAPON TO AVOID ARREST Drawing or exhibiting any firearm üloaded or unloaded üOr any ______ deadly WEAPON intent to resist or üWith the ______ prevent the arrest or detention of himself/or others, by a peace officer 20

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 üdeadly weapon or instrument other than a firearm or force likely to üby any means of _____ produce great bodily injury 21

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 üOr with a _______ firearm 22

ADDITIONAL ASSAULT / BATTERY SECTIONS Includes assault against: üPolice, Paramedics, other emergency personnel üCustodial Officers üTransit Employees üSchool Employees üHighway Workers (Added: 2009) 23

PC 245. 6 HAZING Any method of initiation or pre -initiation into a student organization… üLikely to cause serious bodily injury üIf the hazing results in death or serious bodily injury may be charged as a felony üVictim may also sue for civil damages 24

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 25

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 ü_____ by the infliction of an electrical charge • Also includes “Protected classes” against police, etc. 26

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 27

PC 347 (Continued) (b) Maliciously informs any other person that a poison or other harmful substance has been or will be… üplaced in any food, drink, medicine, pharmaceutical product, or public water supply, üknowing that such report is false 28

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 ______ intent to commit: ü_______ Mayhem Rape ü_____ Sodomy ü_______ üOral copulation, or… üany violation of Section 264. 1, 288 or 289 30

ADMINISTERING STUPEFYING DRUGS PC 222; Administering Controlled Substances or Anesthetic to Aid Felony. Includes: üChloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating agent, intent thereby to enable üWith ______ or assist himself or herself or any other person to commit a felony, is guilty of a felony 31

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 • • 32

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 33

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 34

ASSAULTS – JUSTIFICATIONS AND EXCUSE Legal Justification for an assault üSelf defense üDefense of others üEffecting an arrest 35

DOMESTIC VIOLENCE • PC 273. 5 Inflicting injury on cohabitant spouse or _____ • PC 273. 6, 273, 65: Violations of protective orders • PC 273 a Endangering Life of a Child 36

DOMESTIC VIOLENCE (Continued) • PC 273 a: Child Abuse or Endangerment • PC 273 ab: Assault on a Child 8 years - force likely Under __ to cause death or great bodily injury. inhumane • PC 273 d Cruel or _____ punishment of a child 37

PC 273 i (Added for 2009) PC 273 i; Publishing information describing or depicting a child, ___ 14 or younger, any üTheir location…by use of ____ medium üSo that the child may be found by another for committing a crime against the child… (Misdemeanor) 38

PC 273. 4 • Female Genital _____ mutilation • Can include felony violations of PC 273 a. Child Abuse or Endangerment • When performed for “nonmedical” purposes. 39

MANDATORY REPORTING PC 11166 Mandating Reporting ü If…. the person has knowledge of, observes, or ü _____ Reasonably suspects a child has been the victim of child abuse or ______ neglect 40

PC 11166. 05 MENTAL SUFFERING • Mandated reporting includes “reasonable” suspicion of a child suffering serious _____ emotional damage • Evidenced by: üSevere Anxiety üDepression üWithdrawal üUntoward aggressive behavior 41

VICTIMS OF VIOLENT CRIME STATUTORY REQUIREMENTS • Officers required to inform victims • Damages and restitution • California’s Victim Compensation 42