CA Penal Code 243.9 PC - Battery by Gassing in a Detention Center
This law aims to ensure a safe environment for peace officers and staff working with detainees in California detention facilities, such as jails and prisons, by providing appropriate protections.
Specifically, Penal Code 243.9 PC targets the act of "gassing,' where a detainee expels bodily waste at officers or employees.
Engaging in this act is considered aggravated battery under California law and may result in additional criminal charges. If convicted, you could be sentenced to up to 4 years in prison, highlighting the serious nature of the offense.
If there is probable cause to believe the inmate has violated PC 243.9, the chief medical officer of the detention facility may determine that it is medically necessary to protect the health of an officer or employee by ordering the inmate to undergo a hepatitis or tuberculosis examination or test.
These decisions should align with the Centers for Disease Control and Prevention's occupational exposure guidelines. Any examination or test outcomes must be communicated to the officer or employee involved in the incident.
What Does PC 243.9 Say?
PC 243.9 says, "(a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.
(b) For purposes of this section, "gassing" means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person's skin or membranes.
(c) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances."
What Does the "Gassing" Law Refer To?
Penal Code 243.9 PC criminalizes inmates or detainees in jails or detention centers who commit battery by 'gassing' a peace officer or another individual.
'Gassing' involves deliberately directing or throwing bodily fluids like urine, feces, semen, blood, or saliva at someone. The purpose is usually to humiliate, hurt, or retaliate against the victim.
This law was enacted to target a particular type of assault in correctional facilities, where inmates might perform Gassing as retaliation or to humiliate others.
The harm from gassing is considerable because these substances can transmit diseases, presenting serious health dangers to victims. Correctional settings are places where diseases, especially those spread through bodily fluids, can spread quickly.
California lawmakers have enacted this law to address severe behavior and safeguard the health and safety of detention facility staff and inmates.
Under California Penal Code 243(d) PC, a battery resulting in serious bodily injury is referred to as "aggravated battery."
Here, battery involves intentionally touching another person offensively or harmfully. Simply put, aggravated battery occurs when someone commits a battery that leads to serious bodily injury.
What Must Be Proven to Convict?
To convict someone of battery by gassing under Penal Code 243.9 PC, the prosecution must establish certain elements beyond a reasonable doubt. These include:
- Defendant was in custody: The accused was likely an inmate or detainee at a California detention center, jail, or similar facility when the alleged offense occurred.
- Defendant threw or ejected a bodily fluid or substance: The action must entail deliberately throwing or projecting bodily fluids such as urine, feces, blood, saliva, semen, or other bodily substances.
- The fluid or substance made physical contact with the victim: Unlike assault, which involves an attempted imposition of violence, battery requires actual physical contact. Therefore, proving battery by gassing entails demonstrating that the bodily fluid directly hit or contacted the victim.
- Defendant acted willfully: The accused must have deliberately intended to throw the substance, acting intentionally rather than accidentally or by mistake.
What Penalties Exist for Battery by Gassing?
A violation of PC 243.9 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
- A misdemeanor conviction can result in up to one year in county jail, as well as potential fines and probation.
- If charged with a felony, you might face two to four years in a California state prison, along with substantial fines and a more serious criminal record.
Furthermore, charges under this law can be added on top of any other criminal charges that may result from the action, not to mention any pre-existing charges you may already be facing.
What Are the Common Defenses?
If you face battery charges related to gassing, several defenses could help challenge the case or lessen the penalties. A California criminal defense attorney might typically employ some of the following defenses:
- Lack of Intent: A crucial aspect of the crime is that you must have acted intentionally, meaning you deliberately aimed or projected bodily fluids at someone. If the act was accidental or evidence shows you did not mean for the fluids to hit the victim, this can be a solid defense. For example, if an inmate was in an altercation and bodily fluids were accidentally spilled, it likely does not satisfy the requirement of purposeful action.
- No Physical Contact: Your attorney might contend that, despite your intentions, no bodily fluids touched the victim's skin or membranes. This defense could include questioning the validity of evidence from prosecutors showing physical contact or demonstrating that the fluids only contacted the victim's clothing, for instance.
- Mistaken Identity: Your attorney might argue that you were wrongly identified as the perpetrator. This can be especially effective if, for example, multiple inmates were involved in an altercation and you were mistaken for someone else in the chaos.
For more details, reach out to our California criminal defense law firm, Cron, Israels & Stark, located in Los Angeles.