Battery by Gassing in a California Detention Center - Penal Code 243.9 PC
The law is designed to provide a secure environment for peace officers and other employees caring for detainees in California detention centers (e.g., jails and prisons), offering them the necessary protections.
To that end, Penal Code 243.9 PC specifically addresses the behavior of "gassing," in which a detainee throws bodily waste at one of these officers or employees.
Engaging in such an act is considered an act of aggravated battery under California law and can result in additional criminal charges. If you are convicted of this crime, you could face up to 4 years in prison, a serious penalty that underscores the gravity of the offense.
PC 243.9 says, "(a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.
(b) For purposes of this section, "gassing" means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person's skin or membranes.
(c) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances."
Suppose there is probable cause to believe that the inmate has violated PC 243.9. In that case, the chief medical officer of the detention facility may deem it medically necessary to protect the health of an officer or employee by ordering the inmate to receive an examination or test for hepatitis or tuberculosis.
These decisions must be consistent with occupational exposure as defined by the Centers for Disease Control and Prevention. The results of any examination or test must be provided to the officer or employee who was involved in the incident.
What is the "Gassing" Law?
Simply put, Penal Code 243.9 PC makes it a crime for inmates or detainees in a jail or detention facility to commit battery by 'gassing' against a peace officer or any other individual in the facility.
Under the law, "gassing" refers to the act of intentionally directing or throwing bodily fluids (urine, feces, semen, blood, or saliva) at another person. The intent behind the act is often to humiliate, injure, or retaliate against the victim.
This law was enacted to address a specific type of assault that can occur in correctional facilities, where inmates may engage in this behavior as a form of retaliation or to cause humiliation.
The potential harm caused by gassing is significant because these substances can carry diseases, posing serious health risks to victims. Correctional facilities are environments where diseases, including those carried through bodily fluids, can spread easily.
As such, California lawmakers have enacted this specific law to address the severity of such behavior and to protect the health and safety of detention facility personnel and other inmates.
In a related law, California Penal Code 243(d) PC, a battery that causes serious bodily injury is commonly known as "aggravated battery."
In context, battery means you willfully touched another person in an offensive or harmful manner. In simple terms, aggravated battery means you committed a battery offense that caused some type of serious bodily injury to the victim.
What are the Elements of the Crime?
To convict someone of battery by gassing under Penal Code 243.9 PC, the prosecution must prove specific elements beyond a reasonable doubt. These elements include:
- The defendant was in custody: The accused must have been an inmate or detainee in a California detention center, jail, or similar facility at the time of the alleged offense.
- The defendant threw or ejected a bodily fluid or substance: The action must involve the intentional throwing or projecting of bodily fluids, including urine, feces, blood, saliva, semen, or other bodily substances.
- The fluid or substance made physical contact with the victim's skin or membranes: Unlike a crime of assault in which the defendant only attempts to impose violence on another, battery involves actually making contact. To that end, proving battery by Gassing means proving that the bodily fluid actually hit or made contact with the victim.
- The defendant acted willfully: The accused must have intended to throw the substance and acted on purpose, not by accident or mistake.
What are the Penalties for Battery by Gassing?
A violation of PC 243.9 is classified as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.
- Misdemeanor conviction: If you're convicted of a misdemeanor, you may face up to one year in county jail, along with possible fines and probation.
- Felony conviction: If charged as a felony, you could face two, three, or four years in a California state prison, along with substantial fines and a more significant criminal record.
In addition, charges under this law can be imposed in addition to any other criminal charges that may arise from the action, not to mention any pre-existing charges you may already be facing.
What Are the Common Defenses to PC 243.9 Charges?
If you are accused of battery by gassing, several defenses may be available to challenge the charges or reduce the penalties. Some of the most common defenses a California criminal defense attorney may use include:
- Lack of Intent: One of the key elements of the crime is that you must have acted willfully, meaning you intended to throw or project bodily fluids at another person. If the action was accidental, or if there is evidence that you did not intend for the fluids to hit the victim, this can serve as a strong defense. For example, if an inmate was involved in an altercation and bodily fluids were inadvertently spilled, this may not meet the requirement of intentional action.
- No Physical Contact: Your attorney may argue that regardless of your intentions, no bodily fluids made contact with the victim's skin or membrane. This defense may involve challenging the validity of any evidence presented by prosecutors indicating physical contact or proving that the fluids in question made contact only with the person's clothes, for example.
- Mistaken Identity: Your attorney may be able to argue that you were incorrectly identified as the perpetrator. This may be particularly effective, for example, in situations where more than one inmate was involved in an altercation, and you were incorrectly identified amidst the confusion.
For additional information, contact our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,