{"code":"PEN","codeName":"Penal Code","section":"245.3","citation":"Pen. Code, § 245.3","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.]","url":"https://blackletter.si/penal-code/part-1"},{"name":"TITLE 8. OF CRIMES AGAINST THE PERSON [187. - 248.]","url":"https://blackletter.si/penal-code/part-1/title-8"},{"name":"CHAPTER 9. Assault and Battery [240. - 248.]","url":"https://blackletter.si/penal-code/part-1/title-8/chapter-9"}],"history":"Amended by Stats. 2010, Ch. 178, Sec. 54.   (SB 1115)   Effective January 1, 2011.   Operative January 1, 2012, by Sec. 107 of Ch. 178.","effective":"2011-01-01","html":"<p>Every person who commits an assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person of a custodial officer as defined in Section <a href=\"/pen/831\">831</a> or <a href=\"/pen/831.5\">831.5</a>, and who knows or reasonably should know that the victim is a custodial officer engaged in the performance of that person’s duties, shall be punished by imprisonment in the state prison for three, four, or five years.</p><p>When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument, and such weapon or instrument is owned by that person, the court may, in its discretion, order that the weapon or instrument be deemed a nuisance and shall be confiscated and destroyed in the manner provided by Sections <a href=\"/pen/18000\">18000</a> and <a href=\"/pen/18005\">18005</a>.</p>","text":"Every person who commits an assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person of a custodial officer as defined in Section 831 or 831.5, and who knows or reasonably should know that the victim is a custodial officer engaged in the performance of that person’s duties, shall be punished by imprisonment in the state prison for three, four, or five years. When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument, and such weapon or instrument is owned by that person, the court may, in its discretion, order that the weapon or instrument be deemed a nuisance and shall be confiscated and destroyed in the manner provided by Sections 18000 and 18005.","otherVersions":[],"url":"https://blackletter.si/penal-code/assault-and-battery-245-3","source":"California Legislative Information bulk export (pubinfo)"}