Official text prohibited actmental stateif conditionpenaltylegal term
Every person who commits an assault with a or instrument or by any means likely to produce 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 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.
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.
Simplified explanation
Assault with a deadly weapon or force likely to produce great bodily injury on a custodial officer performing their duties is punishable by three, four, or five years in state prison.