Statute · California Penal Code

Cal. Penal Code § 245.3 — Assault and Battery

Cal. Penal Code § 245.3

Type
Statute
Source
California Penal Code
Jurisdiction
California
Date
2011-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

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 the victim is a custodial officer engaged in the…

Citator

Cal. Penal Code § 245.3 — Assault and Battery is in force in the current edition of the Code, and nothing recorded condemns it.

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 the victim is a custodial officer engaged in the performance of that person’s 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 that 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 Sections 18000 and 18005.