Penal Code 243.6 PC - Battery Committed Against a School Employee
California Penal Code 243.6 PC makes it a misdemeanor crime to commit battery against school employees. However, if the victim suffers injuries, then the battery of a school employee can be charged as a misdemeanor or a felony (wobbler).
Under normal circumstances, the battery is a misdemeanor in California (Penal Code 242 PC) punishable by up to six months in jail.
However, California law provides stronger protections for school employees by imposing tougher penalties on instances of battery against them.
As noted, this statute is codified in Penal Code 243.6 PC. If you're convicted of battery against a school employee, you could face up to one year in jail. If your actions resulted in injury to the victim, the penalties could be increased up to three years in state prison.
The full text of PC 243.6 says, "When a battery is committed against a school employee engaged in the performance of their duties, or in retaliation for an act performed in the course of their 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 the victim is injured, 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 pursuant to subdivision (h) of Section 1170 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.
This section shall not apply to conduct arising during an otherwise lawful labor dispute."
What Does the Law Say?
California Penal Code Section 243.6 PC specifically criminalizes battery against a school employee who is engaged in performing their duties or in retaliation for an act they performed during those duties.
The law applies whether the incident occurs on or off campus, during the school day, or at any other time, provided the offender knew or should have known that the victim was a school employee.
The statute also notes that if an injury is inflicted on the victim, the penalties can be more severe, potentially involving imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
A related law, California Penal Code 241.6 PC, makes assaulting a school employee engaged in performing their duties a misdemeanor. Penalties include up to $2,000 in fines and up to one year in county jail.
What Is Battery?
Battery is defined in California as any willful and unlawful use of force or violence upon another person, including:
- striking,
- hitting,
- pushing, or
- spitting on someone.
Battery is differentiated from assault in California in that assault is the attempted use of force, while battery is the actual use of force.
The degree of force used does not have to be significant for it to be considered battery; even a slight touch can qualify under the statute.
Additionally, the victim in a battery case doesn't necessarily have to suffer physical harm for the crime to have occurred. Even if no injuries are sustained,
What Defines a School Employee?
Under California law, a school employee is defined in Penal Code 245.5(d) PC, which says, "As used in the section, "school employee" means any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher.
"School employee," as used in this section, also includes a student teacher or a school board member. "School," as used in this section, has the same meaning as that term is defined in Section 626."
As noted, this definition also includes student teachers and members of the school board.
What Must Be Proven to Convict?
To convict you of a crime under Penal Code 243.6, the prosecution must prove the following elements of the crime beyond a reasonable doubt:
- You willfully and intentionally inflicted force on a school employee (regardless of whether an injury occurred).
- You knew or reasonably should have known, that the victim in question was a school employee
- You did so either while the employee was engaged in the performance of their duties or in retaliation for something they did in the performance of their duties.
What are the Penalties?
The penalties for battery against a school employee are harsher than those for battery against someone else.
If the violation did not result in injury, the crime is charged as a misdemeanor; if the employee is injured as a result of your alleged actions, it is a "wobbler," meaning it can be charged either as a misdemeanor or a felony.
If you're convicted of a misdemeanor, you could face:
- Up to $2000 in fines, and
- Up to one year in county jail.
If you're convicted of a felony, you could face:
- Up to $2000 in fines, and
- 16 months, two years, or three years in state prison.
Notably, even if your PC 243.6 charges are dismissed, a teacher or school employee can file a civil lawsuit against you for battery and win the case.
What Are the Common Defenses for Violating PC 243.6?
If you are accused of battery against a school employee in California, a good California criminal defense attorney may employ one or more legal defense strategies to counter the charges. Depending on the circumstances of your case, these defenses might include:
- No Willful Intent: Your attorney might argue that the force inflicted was accidental (for example, you tripped and fell against the employee, but it was interpreted as lunging at them).
- No Retaliation: Your actions were not intended to retaliate against the employee for something they did as part of their job. In other words, the alleged attack was unrelated to their role. This defense could reduce the charge to a simple battery.
- Lack of Knowledge: You did not know and could not reasonably have known that the victim was a school employee. (This, too, could reduce the charge to a simple battery.
- Self-Defense or Defense of Others: If you can show you acted to protect yourself or someone else from imminent harm, this can be a valid defense.
Contact our criminal defense law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.
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