California Codes

Cal. Penal Code § 244.5 (2026)

✓ current as of May 2026

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(a)As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.

(b)Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780, shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years.

(c)Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(d)This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.

Notes of Decisions

Cited in 2 cases, 1997–2009 · leading case: People v. Mesce, 97 Cal. Daily Op. Serv. 839 (Cal. Ct. App. 1997).

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People v. Mesce, 97 Cal. Daily Op. Serv. 839 (Cal. Ct. App. 1997). · cites it 4× “Code, § 243); assault with a stun gun or taser (Pen. Code, § 244.5); assault with a deadly weapon (Pen.”

People v. Branded O., 174 Cal. App. 4th 637 (Cal. Ct. App. 2009). “(Pen. Code, § 244.5. 1 ) The minor argues on appeal that insufficient evidence supports the jurisdictional finding, because the person he shocked was not immobilized, as set forth in the statute.”

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