Assault and Battery Laws in California
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According to the Penal Code, an assault is defined as

  • An unlawful attempt to commit a non-violent injury on the person of another
  • A lawful attempt to commit a violent injury on the person of another
  • A lawful attempt to commit a non-violent injury on the person of another
  • An unlawful attempt to commit a violent injury on the person of another (correct)

    • What is the punishment for committing an assault against any person on the property of a public transportation provider?

  • Imprisonment in the county jail not exceeding six months
  • A fine not to exceed one thousand dollars ($1,000)
  • A fine not to exceed two thousand dollars ($2,000) (correct)
  • Imprisonment in a county jail not to exceed one year

    • What does the term 'public transportation provider' refer to in the Penal Code?

  • A publicly or privately owned entity that operates any motor vehicle for hire (correct)
  • A publicly or privately owned entity that operates a bus, taxicab, or cable car
  • A publicly or privately owned entity that operates a bus, taxicab, or streetcar
  • A publicly or privately owned entity that operates a bus, taxicab, or trackless trolley

    • What is the maximum fine for an assault under Penal Code section 241.4?

    <p>One thousand dollars ($1,000)</p> Signup and view all the answers

    When was Part 1 of the Penal Code enacted?

    <p>1872</p> Signup and view all the answers

    Which title of the Penal Code deals with crimes against the person?

    <p>Title 8</p> Signup and view all the answers

    Which chapter of the Penal Code specifically addresses assault and battery?

    <p>Chapter 9</p> Signup and view all the answers

    What is the definition of assault according to the Penal Code?

    <p>An unlawful attempt to commit a violent injury on the person of another</p> Signup and view all the answers

    What is the punishment for committing an assault against any person on a motor vehicle of a public transportation provider?

    <p>A fine not to exceed one thousand dollars ($1,000)</p> Signup and view all the answers

    What does the term 'on the property of' mean in relation to the Penal Code?

    <p>The entire station where public transportation is available</p> Signup and view all the answers

    Which of the following is the correct definition of 'sexual battery' according to the text?

    <p>Touching someone's intimate part without their consent for sexual purposes</p> Signup and view all the answers

    What is the punishment for misdemeanor sexual battery?

    <p>A fine not exceeding $2,000, imprisonment in a county jail not exceeding 6 months, or both</p> Signup and view all the answers

    What is the punishment for misdemeanor sexual battery if the defendant was an employer and the victim was an employee?

    <p>A fine not exceeding $3,000, imprisonment in a county jail not exceeding 6 months, or both</p> Signup and view all the answers

    What happens to any amount of a fine above $2,000 collected for a violation of misdemeanor sexual battery?

    <p>It is transmitted to the State Treasury and distributed to the Department of Fair Employment and Housing</p> Signup and view all the answers

    What does 'touches' mean in this context?

    <p>Physical contact with another person, whether accomplished directly or through clothing</p> Signup and view all the answers

    What is the definition of 'intimate part' according to the text?

    <p>Sexual organ, anus, groin, or buttocks of any person, and the breast of a female</p> Signup and view all the answers

    What does 'sexual battery' not include according to the text?

    <p>Crimes defined in Section 261 or 289</p> Signup and view all the answers

    What does 'seriously disabled' mean in this context?

    <p>A person with severe physical or sensory disabilities</p> Signup and view all the answers

    What does 'medically incapacitated' mean in this context?

    <p>A person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication</p> Signup and view all the answers

    Which offense is punishable by imprisonment in a county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170?

    <p>Assault against a peace officer engaged in the performance of his or her duties as a member of a police department of a school district</p> Signup and view all the answers

    Which offense 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?

    <p>Assault against a school employee engaged in the performance of his or her duties</p> Signup and view all the answers

    Which offense is defined as any willful and unlawful use of force or violence upon the person of another?

    <p>Battery</p> Signup and view all the answers

    Which offense 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)?

    <p>Sexual battery</p> Signup and view all the answers

    What is the punishment for touching 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 sexual arousal, sexual gratification, or sexual abuse?

    <p>A fine not exceeding two thousand dollars ($2,000)</p> Signup and view all the answers

    What is the punishment for touching 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 sexual arousal, sexual gratification, or sexual abuse?

    <p>A fine not exceeding two thousand dollars ($2,000)</p> Signup and view all the answers

    What is the punishment for touching an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual 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?

    <p>Imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000)</p> Signup and view all the answers

    Which of the following is considered a misdemeanor sexual battery?

    <p>Touching an intimate part of another person without their consent for the purpose of sexual arousal</p> Signup and view all the answers

    What is the maximum fine for misdemeanor sexual battery when the defendant is an employer and the victim is an employee?

    <p>$3,000</p> Signup and view all the answers

    What does the term 'touches' mean in the context of sexual battery?

    <p>Physical contact with another person's intimate part</p> Signup and view all the answers

    Which of the following body parts is considered an 'intimate part' in the context of sexual battery?

    <p>Buttocks</p> Signup and view all the answers

    What is the definition of 'seriously disabled' according to the text?

    <p>A person with severe physical or sensory disabilities</p> Signup and view all the answers

    What is the definition of 'medically incapacitated' according to the text?

    <p>A person who is incapacitated due to prescribed sedatives, anesthesia, or other medication</p> Signup and view all the answers

    What is the definition of 'institutionalized' according to the text?

    <p>A person who is staying in a nursing home</p> Signup and view all the answers

    What is the definition of 'minor' according to the text?

    <p>A person under 18 years of age</p> Signup and view all the answers

    How does this section of the Penal Code relate to other laws?

    <p>It does not limit or prevent prosecution under other laws</p> Signup and view all the answers

    What is the punishment for committing a violation of subdivision (a), (b), (c), or (d) against a minor with a prior felony conviction for a violation of this section?

    <p>Imprisonment in the state prison for two, three, or four years and a fine not exceeding $10,000</p> Signup and view all the answers

    Which section of the Penal Code specifically addresses assault against a school employee?

    <p>Section 241.6</p> Signup and view all the answers

    What is the punishment for committing an assault against a peace officer engaged in the performance of his or her duties as a member of a police department of a school district?

    <p>Imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170</p> Signup and view all the answers

    What is the definition of sexual battery according to the Penal Code?

    <p>Touching an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse</p> Signup and view all the answers

    What is the punishment for committing sexual battery against a person who is seriously disabled or medically incapacitated and institutionalized for medical treatment?

    <p>Imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000)</p> Signup and view all the answers

    What is the punishment for committing sexual battery against a person who is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose?

    <p>Imprisonment in the county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000)</p> Signup and view all the answers

    What is the punishment for causing another person, against their will, to masturbate or touch an intimate part of themselves or another person, for the purpose of sexual arousal, sexual gratification, or sexual abuse?

    <p>Imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170</p> Signup and view all the answers

    Which of the following is considered a peace officer engaged in the performance of his or her duties as a member of a police department of a school district?

    <p>A security guard employed by the school district</p> Signup and view all the answers

    What is the maximum fine for misdemeanor sexual battery when the defendant is an employer and the victim is an employee?

    <p>$10,000</p> Signup and view all the answers

    What is the definition of 'willful' in the context of battery?

    <p>Intentional</p> Signup and view all the answers

    What is the punishment for committing an assault 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?

    <p>All of the above</p> Signup and view all the answers

    What is the definition of 'sexual battery' according to the text?

    <p>All of the above</p> Signup and view all the answers

    What is the punishment for touching 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 sexual arousal, sexual gratification, or sexual abuse?

    <p>Both a county jail imprisonment and state prison imprisonment, and a fine not exceeding $10,000</p> Signup and view all the answers

    What is the punishment for committing an assault 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?

    <p>Both a county jail imprisonment and imprisonment pursuant to subdivision (h) of Section 1170</p> Signup and view all the answers

    What is the definition of 'intimate part' according to the text?

    <p>Genitalia, buttocks, or female breast</p> Signup and view all the answers

    What is the punishment for touching 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 sexual arousal, sexual gratification, or sexual abuse?

    <p>Both a county jail imprisonment and state prison imprisonment, and a fine not exceeding $10,000</p> Signup and view all the answers

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