Use of ForceQuestion 63 of 200

If a security guard uses excessive force on a person, which California criminal statutes most directly apply?

a.Only Penal Code §149, which reaches anyone who uses unnecessary force under color of authority, security guards included

b.Penal Code §240 (assault) and §242 (battery); §245 may apply when force is likely to produce great bodily injury or involves a deadly weapon

c.Penal Code §187 in every case in which force is used, since any unlawful application of force is charged under the homicide statute in California

d.Penal Code §602, the trespass statute, regardless of what the encounter actually involved, because the guard has exceeded the owner's permission

Explanation

Excessive force by a private security guard most directly implicates §240 (assault — unlawful attempt to commit violent injury) and §242 (battery — willful and unlawful use of force or violence). When the force involves a deadly weapon or is likely to produce great bodily injury, §245 (ADW/GBI) may apply, exposing the guard to felony charges. §149 (a) targets peace officers under color of authority; §187 (c) is murder; §602 (d) is trespass — none of those is the principal statute for excessive-force charging.

Law Reference: Cal. Penal Code §240, §242

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If a security guard uses excessive force on a person, which California criminal statutes most directly apply?

Explanation

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