(a)(1)Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public or private hospital, against any person, the battery 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 the fine and imprisonment.
(2)When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.
(b)For the purposes of this section, the following terms have the following meanings:
(1)“Hospital” means a facility for the diagnosis, care, and treatment of human illness that is subject to, or specifically exempted from, the licensure requirements of Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(2)“Park” means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events.
(3)“School” means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college.
(c)This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute.
Notes of Decisions
Cited in
20
cases, 1989–2020 · leading case:
People v. Nirran W., 207 Cal. App. 3d 1157 (Cal. Ct. App. 1989).
People v. Nirran W., 207 Cal. App. 3d 1157 (Cal. Ct. App. 1989).
“The minute order revealed that in a June 25, 1987, hearing conducted on a Welfare and Institutions Code section 602 petition, alleging that he committed a battery on school property (Pen. Code, § 243.2), Nirran was examined pursuant to Penal Code section 26.”
People v. John Z., 223 Cal. App. 4th 1046 (Cal. Ct. App. 2014).
“The court stated: “The court accepts each of the no contest pleas as admissions. The court finds that the minor [has] been advised of his constitutional rights.”
People v. Jimi A., 209 Cal. App. 3d 482 (Cal. Ct. App. 1989).
“After a contested jurisdictional hearing, the juvenile court found true the allegations under count I, battery on an individual on school property (Pen. Code, § 243.2, subd. (a)), under count II with disruptive presence at a school (Pen.”
People v. N.D., 167 Cal. App. 4th 885 (Cal. Ct. App. 2008).
“(Pen. Code, § 243.2, subd. (a)(1).) N.D. admitted to simple misdemeanor battery.”
People v. Eduardo C., 2000 Cal. Daily Op. Serv. 6125 (Cal. Ct. App. 2001).
“(Pen. Code, § 243.2, subd. (a); all further references will be to this code unless otherwise noted.”
People v. Oswaldo R., 11 Cal. App. 5th 409 (Cal. Ct. App. 2017).
“STATEMENT OF THE CASE Appellant, then 14 years of age, was initially declared a ward of the court and placed on probation on March 10, 2016, after he admitted the allegation of a Welfare and Institutions Code section 602 petition that he committed misdemeanor battery on the…”
In Re Nd, 167 Cal. App. 4th 885 (Cal. Ct. App. 2008).
“(Pen. Code, § 243.2, subd. (a)(1).) N.D. admitted to simple misdemeanor battery.”
In Re L.G. Ca6 (Cal. Ct. App. 2016).
“(Pen. Code, § 243.2, subd. (a)(1).) We are similarly not persuaded by the Attorney General’s reliance on other documents in the record as purportedly reflecting the juvenile court’s awareness and exercise of discretion to declare whether the minor’s offense of receiving a stolen…”
In re Christopher S. CA1/1 (Cal. Ct. App. 2016).
“Amended Wardship Petition filed in March 2013 In March 2013, the district attorney filed an amended wardship petition alleging that just six days after being granted DEJ, Christopher committed battery on school property (Pen. Code, § 243.2, subd. (a)). Christopher admitted that…”
In Re D.G. ca2/6 (Cal. Ct. App. 2020).
“was charged in a juvenile wardship petition with committing a battery on school property (Pen. Code, § 243.2, subd. (a); Welf. & Inst.”
In Re M.J. ca4/2 (Cal. Ct. App. 2020).
“On December 27, 2017, a first amended petition charged minor with two additional counts: assault by means likely to produce great bodily injury under Penal Code section 245, subdivision (a)(4) (count 2); and battery on school property under Penal Code section 243.2, subdivision…”
In Re B.M. ca4/2 (Cal. Ct. App. 2013).
“(Pen. Code, § 243.2, subd. (a)(1).)1 Immediately thereafter, and after waiving his right to a probation report, minor was placed on probation in the custody of his father for a period of six months pursuant to Welfare and Institutions Code section 725, subdivision (a), on…”
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