California "Assault & Battery" Laws
Penal Code 242 PC

The California crime of battery—also known as “simple battery”—consists of any willful and unlawful use of force or violence on someone else.1

For many people, the term “battery” conjures up images of severe beatings. But, in fact, you can be guilty of California battery, under California Penal Code 242, even if you didn't cause the “victim” pain or injury of any kind. All that matters is that you touched him/her in an offensive way.2

But if a California battery does in fact result in a serious injury, then you may be charged instead with the separate but related crime of battery causing serious bodily injury, Penal Code 243(d) PC.

California “assault & battery”

People often use the phrase “assault & battery.” But, in fact, California assault and California battery are two distinct crimes.

California assault law, Penal Code 240, defines an assault as an attempt to use force or violence on someone else.3 Battery, on the other hand, is the actual use of force or violence on someone else.4

Examples

The following are examples of situations where California battery charges may be filed:

  • A woman pushes the man who just cut in front of her in line at the grocery store;
  • A man throws a rock at another man who has just insulted him; the rock hits that man in the back; and
  • A waitress spits on a restaurant patron who has been treating her disrespectfully.

Penalties

California Penal Code 242 PC simple battery is a misdemeanor in California law.5

The penalties for California battery in most cases include a fine of up to two thousand dollars ($2,000) and/or up to six (6) months in county jail.6

Punching_fist

But if you commit a battery against a police officer, firefighter, EMT, or certain other kinds of public servants—and that person suffers any kind of injury—then you may be charged with the more serious crime of battery on a peace/police officer. This offense is a wobbler in California law—which means it may be charged as a misdemeanor or a felony.7

Legal defenses

Many people are shocked when they are hit with California battery charges after a minor altercation in which no one was hurt—or hurt badly.

A California criminal defense attorney can help. There are several powerful legal defenses you can use to fight these charges. These include:

  • You acted in self-defense or defense of someone else;
  • You did not act willfully; and
  • You were acting within your rights to reasonably discipline your child (in cases where you are charged with battery on your child).

In order to help you better understand California battery law, our California criminal defense attorneys will address the following:

1. The Legal Definition of California Battery

1.1. The difference between assault and battery

2. Penalties for Penal Code 242 PC Battery

3. Legal Defenses to California Battery Charges

4. PC 242 Battery and Related Offenses

4.1. PC 243(d) battery causing serious bodily injury

4.2. PC 243(b) and 243(c)(2) battery on a peace officer

4.3. PC 243(e)(1) domestic battery

4.4. PC 243.4 sexual battery

4.5. PC 368 elder abuse

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on Battery Causing Serious Bodily Injury Penal Code 243(d) PC; California Assault Law Penal Code 240 PC; Legal Definition of a Misdemeanor in California Law; Battery on a Peace/Police Officer California Penal Code 243(b) and 243(c)(2); Legal Definition of a Wobbler in California Law; Common Legal Defenses to California Crimes; Self-Defense as a Legal Defense in California Law; Misdemeanor (Summary) Probation in California; Accident as a Legal Defense in California Law; Penal Code 273(d) California Child Abuse; Legal Definition of Great Bodily Injury/Harm; Legal Definition of a California Felony; Penal Code 243(e)(1) PC Domestic Battery; Penal Code 243.4 Sexual Battery; California's Sex Offender Registration Requirement; and Penal Code 368 PC California's Elder Abuse Law.

1. The Legal Definition of California Battery

The legal definition of battery in California is as follows:

  1. You touched someone else,
  2. Willfully,
  3. In a harmful or offensive manner.8

If the prosecutor cannot prove all of these “elements of the crime,” then you are not guilty of PC 242 battery.9

Let's look more closely at the key terms of the definition of battery in order to better understand their meaning.

Touched someone else

The legal definition of battery merely requires that you make physical contact with another person—not that you cause any injury to him or her. In fact, the slightest touching can be a battery.10

Sillhouette_battery

Example: Sara gets into a fight with Julie, her young son's teacher, over her son's behavior in class. After Julie says something particularly offensive about Sara's son, Sara spits in her face.

Sara may be guilty of battery for spitting at Julie. This is the kind of “touching” that can qualify as a battery.

A battery also occurs even if the touching takes place

  • through the victim's clothing, and/or
  • indirectly, by means of an object that the defendant uses to touch the “victim.”11

Example: Phil is a college student. At a drunken party, he uses a permanent marker to write a derogatory term on the back of a female acquaintance—who is a bit drunk and doesn't notice what he is doing until he is almost done.

Phil's actions may qualify as a battery, since he touched the acquaintance in an offensive manner—albeit through her clothes and with a marker.

Note, though, that it is not entirely certain whether or not you can commit battery by touching something connected with a person's body that is not actually a part of their body—for example, knocking a coffee cup out of their hand, or kicking their dog. California law is unclear on this point.12

Willfully

To be guilty of California battery, you must have touched another person “willfully.”13

“Willfully” means that you acted willingly or on purpose. It does not necessarily mean that you intended to

  • break the law,
  • hurt someone else, or
  • gain any advantage.14

In other words, you don't need to have intended to commit battery in order to be guilty of battery—but you do need to have intended to perform the motion that caused the battery.

Example: Rick and Joan are business partners. They get into an argument over a business decision at their office, and both of them lose their tempers. Rick picks up a stapler and throws it. It accidentally hits Joan in the head.

Rick did not intend to hit Joan with the stapler. But he did intend to throw it, an action which created the risk that it would hit her. So he may be guilty of Penal Code 242 battery.

In a harmful or offensive manner

A touching is only a battery if it is done in a harmful or offensive manner.15

Hand_grabbing_hand

This means, for example, touching that is

  • violent,
  • rude,
  • angry, or
  • disrespectful.

Example: Garth and Rita are co-workers. Rita strongly dislikes Garth. One day, Rita receives the news that she has been laid off, and she cries about this in the middle of the office. Her co-workers gather to comfort her, and Garth gives her a hug.

Even though the hug from Garth is probably unwelcome to Rita, it is most likely not a battery—as it was not a harmful or offensive touching.

1.1. The difference between assault and battery

The difference between assault and battery is confusing to many people, especially since we often use the phrase “assault & battery,” which suggests that they are the same thing.

California assault and California battery are, in reality, completely different offenses. The difference is that:

  • Penal Code 240 assault is an action that may inflict physical harm or unwanted touching on someone else, and
  • Penal Code 242 battery is the actual infliction of force or violence on someone else.16

An assault doesn't necessarily involve any actual physical contact, whereas a battery does. Put another way, an assault is like an “attempted battery,” and a battery is like a “completed assault.”

The following chart summarizes the differences between California assault, California battery, and several other related offenses:

Img-battery-chart

2. Penalties for Penal Code 242 PC Battery

Simple battery under California Penal Code section 242—that is, battery that does not cause a serious injury, and is not committed against a law enforcement officer or other protected person—is a misdemeanor.17

The potential penalties include:

Jail

3. Legal Defenses to California Battery Charges

The best way to fight battery charges in California is with the help of a skilled criminal defense attorney who has experience with California battery law. S/he knows how to assert the following—and other—legal defenses to help beat these charges:

You acted in self-defense or defense of someone else

The legal defense of self-defense/defense of others applies to California battery charges (and other offenses as well) when all of the following are true:

  1. You reasonably believed that you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully;
  2. You reasonably believed that the immediate use of force was necessary to defend against that danger; and
  3. You used no more force than was reasonably necessary to defend against that danger.19

Example: Tom has had a bad relationship with the manager of his apartment building, Jim, for a long time. One day Jim confronts him in the parking lot where he is washing his car. Jim pokes Tom in the chest.

Tom responds by pushing Jim. Jim then slips on the wet pavement and falls, badly injuring his head.

Even though all Jim did was poke Tom in the chest, Tom may still be able to defend against battery charges with the legal defense of self-defense. Jim was touching him unlawfully, and pushing Jim was a reasonable response to that touching.20

However, words alone—no matter how offensive—are not enough to justify a battery. You can only claim self-defense/defense of others if you reasonably believed someone was in danger of an unlawful touching or physical injury.21

Courtroom_gavel

You did not act willfully

Even though you don't need to have intended to harm someone, you do need to have acted “willfully” in order to be guilty of Penal Code 242 battery.22 So if the battery was a complete accident, you may be able to argue accident as a legal defense.

According to Oakland criminal defense lawyer Reve Bautista23:

“Let's say you inadvertently shove someone in a crowd. Or you unintentionally hit them with an object you are carrying. Offended ‘victims' in this situation sometimes cry battery—but you should not be guilty of that offense if you didn't act intentionally.”

Parental right to discipline a child

Battery charges are sometimes brought against parents in connection with charges for Penal Code 273(d) California child abuse.

In battery cases involving acts of parents against their children, the alleged “battery” is frequently a lawful attempt to discipline the child. Like child abuse charges, battery charges can be defended against by showing that you were acting within your rights to discipline your child.24

Parents are allowed to use physical force to discipline their child, as long as the force is

  1. “reasonable,” and
  2. not excessive under the circumstances.25

4. PC 242 Battery and Related Offenses

California offenses that are closely related to PC 242 battery include:

4.1. PC 243(d) battery causing serious bodily injury

If you commit a battery—and you actually inflict a serious injury on the victim—, then you will face the tougher penalties that go along with battery causing serious bodily injury, Penal Code 242(d) PC—also known as “aggravated battery.”

Tunnel_fight

The definition of “serious bodily injury” is distinct from the better-known legal definition of “great bodily injury/harm.” A serious bodily injury is any serious impairment of physical condition—such as a broken bone or concussion.26

Aggravated battery is a wobbler in California law, which means it may be charged as either a misdemeanor or a felony.27

The maximum misdemeanor sentence for this offense is up to one (1) year in county jail.28

And if it is charged as a California felony, battery causing serious bodily injury can lead to two (2), three (3), or four (4) years in prison.29

4.2. PC 243(b) and 243(c)(2) battery on a peace officer

California battery carries harsher penalties if it is committed against certain classes of persons, under Penal Code sections 243(b) and 243(c)(2).30

The specific classes of individuals protected by the crime of “battery on a peace officer” are people in the following occupations, engaged in the performance of their duties:

  • Peace officer (police or other law enforcement),
  • Custodial officer,
  • Firefighter,
  • Emergency medical technician (EMT) or paramedic,
  • Lifeguard,
  • Security officer,
  • Custody assistant,
  • Process server,
  • Traffic officer,
  • Code enforcement officer,
  • Animal control officer,
  • Search and rescue member,
  • Employee of a probation department, or
  • Doctor or nurse providing emergency medical care.31

If the prosecution can prove that you knew or reasonably should have known that you were committing battery against such a person, then the sentence for a battery not causing any injury increases to a maximum one (1) year in county jail.32

Badge

And if you injure a person in one of these protected categories through battery, then the crime becomes a wobbler, with a potential felony jail sentence of sixteen (16) months, two (2) years or three (3) years.33

4.3. PC 243(e)(1) domestic battery

Penal Code 243(e)(1) PC domestic battery is another subset of the California crime of battery that is defined by the class of victim.

You commit this offense when you commit a battery against any of the following people:

  1. Your spouse or former spouse,
  2. Your cohabitant or former cohabitant,
  3. Your fiancé(e) or former fiancé(e),
  4. A person with whom you have or used to have a dating relationship, or
  5. The father or mother of your child.34

Domestic battery is a misdemeanor, carrying a fine of up to two thousand dollars ($2,000) and a potential county jail sentence of up to one (1) year.35

In addition, if you are granted probation for a domestic battery conviction, you will be required to enroll in a batterer's treatment program lasting at least one year.36

4.4. PC 243.4 sexual battery

Penal Code 243.4 sexual battery is a distinct crime from simple battery, aggravated battery or domestic battery. It consists of the touching of an “intimate part” of another person for purposes of sexual gratification, arousal or abuse.37

Depending on the circumstances, sexual battery can be a misdemeanor or a felony. It may be charged as a felony if, for example, the victim was unlawfully restrained or was an institutionalized person.38

Misdemeanor sexual battery carries a maximum county jail sentence of six (6) months or one (1) year, depending on the circumstances. Felony sexual battery carries a state prison sentence of two (2), three (3) or four (4) years.39

Finally, a conviction for either misdemeanor or felony PC 243.4 sexual battery subjects you toCalifornia's sex offender registration requirement.40

4.5. PC 368 elder abuse

Penal Code 368 PC, California's elder abuse law , makes it a crime to willfully or negligently impose unjustifiable physical pain and/or mental suffering on a person who is 65 or older.41

If are accused of committing a battery against a victim who is 65 or older, you could be charged with both Penal Code 242 and Penal Code 368.

This offense is a wobbler, carrying a potential state prison sentence of two (2), three (3) or (4) years, and a fine of up to six thousand dollars ($6,000), if it is charged as a felony.42

Call us for help…

Img-call-m

For questions about Penal Code 242 PC California battery, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

For more information on the definition of “assault & battery” in Nevada, please visit our page on the definition of “assault & battery” in Nevada.

Legal References:


1 Penal Code 242 PC – Battery defined. (“A battery is any willful and unlawful use of force or violence upon the person of another.”)

2 Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 960 – Simple Battery (Pen. Code, § 242). (“The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.”)

3 Penal Code 240 PC – Assault defined [contrast with PC 242 definition of California battery]. (“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”)

4 Penal Code 242 PC – Battery defined, endnote 1, above.

5 Penal Code 243 PC – Battery; punishment. (“(a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment.”)

6 See same.

7 Penal Code 243 PC – Battery; punishment. (“(b) When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (c)(1) When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. (2) When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.”)

8 CALCRIM 960 – Simple Battery (Pen. Code, § 242). (“The defendant is charged with battery [in violation of Penal Code section 242]. To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant willfully [and unlawfully] touched <insert name> in a harmful or offensive manner(;/.) <Give element 2 when instructing on self-defense, defense of another, or reasonable discipline.> [AND 2 The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).]”)

9 See same.

10 CALCRIM 960 – Simple Battery (Pen. Code, § 242), endnote 2, above.

11 CALCRIM 960 – Simple Battery (Pen. Code, § 242). (“The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind. [The touching can be done indirectly by causing an object [or someone else] to touch the other person.]”)

12 CALCRIM 960 – Simple Battery (Pen. Code, § 242), Related Issues. (“Touching of Something Attached to or Closely Connected with Person. The committee could not locate any authority on whether it is sufficient to commit a battery if the defendant touches something attached to or closely connected with the person. Thus, the committee has not included this principle in the instruction.”)

13 CALCRIM 960 – Simple Battery (Pen. Code, § 242), endnote 8, above.

14 CALCRIM 960 – Simple Battery (Pen. Code, § 242). (“Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.”)

15 CALCRIM 960 – Simple Battery (Pen. Code, § 242), endnote 8, above.

16 Compare Penal Code 240 PC – Assault defined, endnote 3, above, with Penal Code 242 PC – Battery defined, endnote 1, above.

17 Penal Code 243 PC – Battery; punishment, endnote 5, above.

18 See same.

19 CALCRIM 3470 - Right to Self-Defense or Defense of Another (Non-Homicide [with respect to acts involving California battery]). ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name of third party>) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully]; [2] The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")

20 Based on the facts of People v. Myers (1998) 61 Cal.App.4th 328.

21 CALCRIM 960 – Simple Battery (Pen. Code, § 242). (“[Words alone, no matter how offensive or exasperating, are not an excuse for this crime.]”)

22 CALCRIM 960 – Simple Battery (Pen. Code, § 242), endnote 8, above.

23 Oakland criminal defense lawyer Reve Bautista has over two decades of experience as a prosecutor, first at the office of the Contra Costa District Attorney and then at the San Francisco DA's Office. She conducted over 100 jury trials and other proceedings. Now, as a criminal defense lawyer fighting for her clients' constitutional rights, she defends against California assault & battery charges.

24 CALCRIM 960 – Simple Battery (Pen. Code, § 242), endnote 8, above.

25 California Jury Instructions – Criminal (“CALJIC”) 4.80 - Parent's Right to Discipline Child [Defense to Penal Code 242 battery charges]. ("It is lawful for a parent reasonably to discipline a child, and in doing so to administer reasonable punishment, including the infliction of reasonable corporal punishment. However, it is unlawful for a parent to inflict unjustifiable punishment upon a child. Corporal punishment is not justified and is therefore unlawful if the punishment was not reasonably necessary, or was excessive, under the circumstances. The defendant contends that [he] [she] was lawfully disciplining the child. The People have the burden of proving that the force applied to the child was unlawful, that is, not reasonably necessary or excessive, under the circumstances. If you have a reasonable doubt that unlawful force was applied, you must find the defendant not guilty. If you find that the use of force was not reasonably necessary or was excessive, you must determine what crime, if any, was committed in light of the other instructions.")

26 CALCRIM 925 - California's "battery causing serious bodily injury" law. ("[A serious bodily injury means a serious impairment of physical condition. Such an injury may include [, but is not limited to]: (loss of consciousness/ concussion/ bone fracture/ protracted loss or impairment of function of any bodily member or organ/ a wound requiring extensive suturing/ [and] serious disfigurement).]")

27 Penal Code 243 PC – Battery; punishment [compare to penalties for simple battery]. (“(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.”)

28 See same.

29 See same.

30 Penal Code 243 PC – Battery; punishment, endnote 7, above.

31 See same.

32 See same.

33 See same.

34 Penal Code 243(e)(1) PC – [Domestic] battery; punishment. (“(e)(1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”)

35 See same.

36 See same.

37 Penal Code 243.4 PC – Sexual battery [contrast with elements of simple battery]. (“(a) Any person who touches 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, is guilty of sexual battery. A violation of this subdivision 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). (b) Any person who touches 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, is guilty of sexual battery. A violation of this subdivision 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). (c) Any person who touches 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, is guilty of sexual battery. A violation of this subdivision 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). (d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person's will 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, is guilty of sexual battery. A violation of this subdivision 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). (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, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Department of Fair Employment and Housing for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full.

38 See same.

39 See same.

40 Penal Code 290 PC, California's sex offender registration law [applies to crime of sexual battery].

41 Penal Code 368 PC – Elder abuse [may be charged along with Penal Code 242 battery]. (“(b)(1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.”)

42 See same.

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