California Penal Code § 244.5 PC prohibits committing assault using a stun gun (or other less dangerous weapons). Prosecutors can press PC 244.5 charges as a misdemeanor or a felony. (Felony penalties are more severe if the victim was a police officer or firefighter.)
The text of the statute is as follows:
244.5. (a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.
(b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.
Legal Analysis
California Penal Code 244.5 PC makes it a criminal offense to assault another person with a stun gun (or other “less lethal” weapons). Stun guns comprise weapons designed to temporarily paralyze a person through an electrical charge.
Assault with a stun gun is a wobbler offense in California. This means that prosecutors can press charges as either a misdemeanor or a felony.
As a misdemeanor, violating PC 244.5 carries up to one year in jail. As a felony, violating PC 244.5 carries a county jail term of:
- 16 months,
- 2 years, or
- 3 years.
Note that if the victim was an on-duty peace officer or firefighter, then the jail term would instead be:
- 2 years,
- 3 years, or
- 4 years.1
A full defense to charges of assault with a stun gun is that the defendant acted in lawful self-defense or defense of others. It is also a defense if the incident was an innocent accident.
The district attorney brings PC 244.5 charges as either a misdemeanor or a felony.
Learn about California stun gun and taser laws.
Legal References
- California Penal Code 244.5 PC – Assault with stun gun or less lethal weapon. See, for example: In re Branden O. (Cal. App. 1st Dist. May 29, 2009), 174 Cal. App. 4th 637, 94 Cal. Rptr. 3d 520.