| Relevant California Penal Code
Kerri Wanless and Linda Raffle In dealing with disruptive/oppositional parents, educators have recourse to the California Education Code and the California Penal Code. The following sections of the Penal Code apply to these parents, depending upon the circumstances: 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. 241.2. (a) When an assault is committed on school or park property against
any person, the assault is punishable by a fine not exceeding two thousand
dollars ($2,000), or by imprisonment in the county jail not exceeding one
year, or by both such fine and imprisonment.
241.3. (a) When an assault is committed against any person on the property
of, or on a motor vehicle of, a public transportation provider, the offense
shall be punished by a fine not to exceed two thousand dollars ($2,000),
or by imprisonment in a county jail not to exceed one year, or by both
the fine and imprisonment.
241.4. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When the assault is committed against the person of a peace officer engaged in the performance of his or her duties as a member of a police department of a school district pursuant to Section 39670 of the Education Code, 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 offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. 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 school day 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. 242. A battery is any willful and unlawful use of force or violence upon the person of another. 243. 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 that fine and imprisonment.
243.3. When a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a school bus driver, or against the person of a station agent or ticket agent for the entity providing the transportation, and the person who commits the offense knows or reasonably should know that the victim, in the case of an operator, driver, or agent, is engaged in the performance of his or her duties, or is a passenger the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. If an injury is inflicted on that victim, the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or two or three years, or by both that fine and imprisonment. 243.35. (a) Except as provided in Section 243.3, when a battery is committed
against any person on the property of, or in a motor vehicle of, a public
transportation provider, the offense shall be punished by a fine not to
exceed two thousand dollars ($2,000), or by imprisonment in a county jail
not to exceed one year, or by both the fine and imprisonment.
243.5. (a) When a person commits an assault or battery on school property
during hours when school activities are being conducted, a peace officer
may, without a warrant, notwithstanding paragraph (2) or (3) of subdivision
(a) of Section 836, arrest the person who commits the assault or battery:
243.6. When a battery 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 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 an injury is inflicted on the victim, 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 in the state prison 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.
243.8. (a) When a battery is committed against a sports official immediately
prior to, during, or immediately following an interscholastic, intercollegiate,
or any other organized amateur or professional athletic contest in which
the sports official is participating, and the person who commits the offense
knows or reasonably should know that the victim is engaged in the performance
of his or her duties, the offense shall be punishable by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in the county jail not
exceeding one year, or by both that fine and imprisonment.
245.5. (a) Every person who commits an assault with a deadly weapon
or instrument, other than a firearm, or by any means likely to produce
great bodily injury upon the person of a school employee, and who knows
or reasonably should know that the victim is a school employee engaged
in the performance of his or her duties, when that school employee is engaged
in the performance of his or her duties, shall be punished by imprisonment
in the state prison for three, four, or five years, or in a county jail
not exceeding one year.
This subdivision shall not be construed to preclude or in any way limit
the applicability of Section 245 in any criminal prosecution.
602. Except as provided in Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: . . . (p) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchman, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances are such as to indicate to a reasonable person that the person has no apparent lawful business to pursue. 647b. Every person who loiters about any school in which adults are in attendance at courses established pursuant to Chapter 10 (commencing with Section 52500) of Part 28 of the Education Code, and who annoys or molests any person in attendance therein shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment. 653g. Every person who loiters about any school or public place at or near which children attend or normally congregate and who remains at any school or public place at or near which children attend or normally congregate, or who reenters or comes upon a school or place within 72 hours, after being asked to leave by the chief administrative official of that school or, in the absence of the chief administrative official, the person acting as the chief administrative official, or by a member of the security patrol of the school district who has been given authorization, in writing, by the chief administrative official of that school to act as his or her agent in performing this duty, or a city police officer, or sheriff or deputy sheriff, or Department of the California Highway Patrol peace officer is a vagrant, and is punishable by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both the fine and the imprisonment. As used in this section, "loiter" means to delay, to linger, or to idle about a school or public place without lawful business for being present. |
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