Penal Code 243.6 PC - Battery Committed Against a School Employee
California Penal Code 243.6 PC makes it a misdemeanor offense to commit battery against school employees. Notably, however, if there are injuries to the victim, then the battery of a school employee could become a "wobbler" that can be filed as a misdemeanor or a felony.
Typically, Penal Code 242 PC battery is filed as a misdemeanor in California and is punishable by up to six months in jail and up to a $1,000 fine. However, California law provides stronger protections for school employees by imposing harsher penalties for battery against them.
As noted above, if your actions injured the victim, the penalties could be increased to up to three years in state prison.
The full text of PC 243.6 says, "When a battery is committed against a school employee engaged in the performance of their duties, or in retaliation for an act performed in the course of their duties, whether on or off campus, during the school day or at any other time, and the person committing the offense knows or reasonably should know that the victim is a school employee, the battery 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.
However, if the victim is injured, the battery shall be punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than two thousand dollars ($2,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
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 an otherwise lawful labor dispute."
What Is Battery?
In California, "battery" is defined as any willful and unlawful use of force or violence upon another person, including:
- Striking,
- Hitting,
- Punching,
- Pushing, or
- Spitting on another person.
In California, battery is different from "assault" in that assault is the attempted use of force, while battery is the actual use of force.
The degree of force used does not have to be significant for it to be considered battery. Thus, a slight touch can qualify under the statute.
Further, the battery victim doesn't necessarily have to suffer physical harm for the crime to have occurred. Even if no injuries are sustained, you could be charged with the crime of battery.
What Does the Law Say?
Under California Penal Code 243.6 PC, you could be convicted of committing battery on a school employee when you inflict unlawful physical force against a school employee when on duty or you were acting in retaliation to the employee's actions as a school employee.
It does not matter what time of day the battery occurred or whether the battery happened on or off-campus.
The school employee can be a teacher, administrator, or any other type of full-time, part-time, or substitute staff member.
Simply put, PC 243.6 specifically criminalizes battery against a school employee who is engaged in performing their duties or in retaliation for an act they performed during those duties, provided you knew or should have known that the victim was a school employee.
A related law, California Penal Code 241.6 PC, makes assaulting a school employee engaged in performing their duties a misdemeanor that carries up to one year in county jail and up to $2,000 in fines.
Penal Code Section 217.1 (a) defines the related crime of assaulting a public official. This statute also provides significantly harsher penalties than the common misdemeanor simple assault case.
Who is Defined as a School Employee?
California Penal Code 245.5(d) PC says, "As used in the section, school employee means any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher.
"School employee, as used in this section, also includes a student teacher or a school board member. "School," as used in this section, has the same meaning as that term is defined in Section 626." This definition also includes student teachers and members of the school board.
What Factors Must Be Proven to Convict You?
To convict you of violating Penal Code 243.6, the district attorney (prosecution) must prove all the elements of the crime beyond a reasonable doubt, including the following:
- You willfully and intentionally inflicted force on a school employee.
- You knew, or reasonably should have known, they were a school employee.
- You acted while the school employee was engaged in the performance of their duties or
- In retaliation for something they did in the performance of their duties.
What are the PC 243.6 Penalties?
As noted, the punishments for battery on a school employee are more severe than those for battery on another person. If no injuries were reported, the crime is charged as a misdemeanor.
If the employee is injured, it is a "wobbler" that can be charged as a misdemeanor or a felony. If you're convicted of a misdemeanor, you could face the following:
- Up to $2000 in fines, and
- Up to one year in county jail.
If you're convicted of a felony, you could face the following:
- Up to $2000 in fines, and
- 16 months, two years, or three years in state prison.
Notably, even in situations where the PC 243.6 charges are dismissed, a teacher or school employee can file a civil lawsuit against you for battery and win the case.
What Are the Common PC 243.6 Defenses?
Suppose you are accused of battery against a school employee. In that case, a California criminal defense attorney could use one or more legal defense strategies to challenge the charges, such as the following:
- Perhaps there was no willful intent. Your lawyer might claim the force inflicted was accidental but misinterpreted as intentional.
- Perhaps we can argue there was no retaliation. Maybe your actions were not intended to retaliate against the school employee for something they did as part of their job. This defense might reduce the charge to a simple battery.
- Perhaps we can argue there was a lack of knowledge. Maybe you did not know and could not reasonably have known that the victim was a school employee.
- Perhaps we can argue self-defense. Maybe we can show you acted to protect yourself or someone else from imminent harm.
For additional information, contact our Los Angeles-based California criminal defense law firm, Cron, Israels & Stark.
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