Penal Code § 241.6 PC – Assault on a School Employee

California Penal Code 241.6 PC makes it a misdemeanor to assault a school employee engaged in performing his or her duties. Penalties include up to $2,000 in fines and/or up to one year in county jail.

The full text of the statute reads as follows:

241.6.  When an assault is committed 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, whether on or off campus, during the schoolday or at any other time, and the person committing the offense knows or reasonably should know the victim is a school employee, the assault 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.
For purposes of this section, “school employee” has the same meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute.

Legal Analysis

Under California Penal Code 241.6 PC, a person commits the crime of “assault on a school employee” if the following three conditions are met:

1. the person physically assaults a school employee;
2. the person knows – or should have known – that the victim was a school employee; and
3. the employee was performing their school duties at the time of the assault, or the assault was in retaliation to the school employee’s actions.

It does not matter whether the assault occurs on or off school grounds or during or after school hours. Nor does it matter whether the employee is a:

• teacher,
• administrator, or
• other staff member.

And the school employee can be working

• full-time,
• part-time, or
• as a substitute.

Assault on a school employee is a misdemeanor crime punishable by:

• up to 1 year in county jail, and/or
• up to $2,000 in fines.¹

This is double the maximum penalties for assault of non-school employees.²

See our related article on assault on a school employee with deadly weapon, which can be a misdemeanor or a felony.³

See our related article battery on a school employee (PC 243.6).

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Legal References