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 § 243.5 (2026)

Assault and Battery

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(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:

(1)Whenever the person has committed the assault or battery, although not in the peace officer’s presence.

(2)Whenever the peace officer has reasonable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.

(b)“School,” as used in this section, 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.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: In re S.D. ca2/8, No. B308007 (Cal. Ct. App. July 19, 2021).
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In re S.D. ca2/8, No. B308007 (Cal. Ct. App. July 19, 2021). “Father was convicted of inflicting corporal injury on spouse/cohabitant (Pen. Code § 243.5, subd. (a)) in December 2012 and served two years in prison.”
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