Legal & EthicalQuestion 180 of 200
Assault and battery are defined in California as:
a.Assault is harmful touching; battery is the threat of harm
b.Assault (PC §240) is an unlawful attempt, coupled with present ability, to commit a violent injury on another; battery (PC §242) is any willful and unlawful use of force or violence upon another
c.They are identical legal terms
d.Both require a weapon to be charged
Explanation
Penal Code §240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another. PC §242 defines battery as any willful and unlawful use of force or violence upon the person of another. Slapping, grabbing, or forcibly medicating a resident without consent can constitute battery. Threatening to hit (without contact) can be assault. No weapon is required (d). A CNA who commits assault or battery on a resident faces criminal prosecution, CDPH certification revocation under HSC §1337.9, immediate termination, and exclusion from federal healthcare programs.
Law Reference: PC §240; PC §242Practice all 200 questions free — no signup required.
Related questions on this topic
- A CNA reports in good faith a suspected case of elder abuse, but it turns out to be unfounded. Under W&I §15634, the CNA:
- The California Department of Public Health (CDPH) Licensing & Certification Division has the authority to:
- A CNA reports unsafe staffing ratios and unsanitary conditions to CDPH. The facility administrator threatens to fire the CNA. This retaliation is:
- A CNA, frustrated with a wandering resident, locks the resident in a room without a physician order or care-plan justification. This action is:
- Negligence in nursing care requires proof of FOUR elements. Which is the correct list?
- The fundamental difference between civil and criminal liability is that:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California CNA Certification Exam · How we review