Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 9. Assault and Battery
California Codes

Cal. Penal Code § 243.1 (2026)

✓ current as of May 2026
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When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1980–2025 · leading case: People v. Wilkinson, 94 P.3d 551 (Cal. 2004).
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People v. Wilkinson, 94 P.3d 551 (Cal. 2004). · cites it 3× “Two statutory provisions concerning battery on a custodial officer are at issue here: Penal Code section 243.1 makes battery on a custodial officer a felony, whether or not the battery caused injury to the custodial officer.”
Velarde v. Duarte, 937 F. Supp. 2d 1204 (S.D. Cal. 2013). · cites it 13× “Plaintiff also pled nolo contendere in El Centro Superior Court to a single violation of California Penal Code § 243.1, battery against a custodial officer in the performance of his duties.”
Wilkinson v. Zelen, 167 Cal. App. 4th 37 (Cal. Ct. App. 2008). · cites it 4× “Allegations of the FAC Wilkinson alleged she retained Zelen to represent her in a criminal action, in which she was convicted by jury in October 2000 of all charges—felony battery on a custodial officer (Pen. Code, § 243.1), misdemeanor driving under the influence (Veh.”
People v. Gutierrez, 174 Cal. App. 4th 515 (Cal. Ct. App. 2009). “(Pen. Code, § 243.1; see Pen. Code, § 831, subd.”
People v. Kaiser, 113 Cal. App. 3d 754 (Cal. Ct. App. 1980). “” 5 Penal Code section 243.1 provides: “When a battery is committed against the person of a custodial officer as defined in section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that such victim is a custodial officer engaged in the…”
People v. Garcia, 178 Cal. App. 3d 887 (Cal. Ct. App. 1986). “(Pen. Code, § 243.1.) 1 The information also alleged defendant Garcia served a prior prison term and defendant Belmontes had served two prior prison terms within the meaning of section 667.”
(PC) Rader v. Cnty. of Placer (E.D. Cal. 2025). · cites it 4× “24 On March 15, 2019, plaintiff entered a nolo contendere plea to count two, battery against 25 a custodial officer under California Penal Code § 243.1. ECF No. 61-11 at 3, Exhibit 8A, 26 Information; ECF No.”
People v. Dooley, 189 Cal. App. 4th 322 (Cal. Ct. App. 2010). “(Pen. Code, § 243.1.) 1 A two strikes offender, he was sentenced to eight years in state prison.”
People v. Corum CA3 (Cal. Ct. App. 2016). “12F8705 -- charged defendant with battery on a custodial officer (Pen. Code, § 243.1 -- count 1)1 and misdemeanor vandalism (§ 594, subd.”
In re Miguel O. CA1/2 (Cal. Ct. App. 2016). “The San Mateo County District Attorney filed the current wardship petition under section 602, alleging felony battery upon a custodial officer (count 1; Pen. Code, § 243.1), felony battery with injury on emergency personnel (count 2; Pen.”
People v. Dill CA3 (Cal. Ct. App. 2022). “The People charged defendant with battery on a custodial officer (Pen. Code, § 243.1)1 and battery on a person who was not an inmate while in custody (§ 243.”
People v. Moutsoulas CA4/3 (Cal. Ct. App. 2025). “Moutsoulas guilty of felony battery on a custodial officer (Pen. Code, § 243.1, count 1)1 and misdemeanor public intoxication (§ 647, subd.”
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