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 — but only to peace officers
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 all cases of force
d.Penal Code §602 (trespass) regardless of the encounter
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, §242Practice all 200 questions free — no signup required.
Related questions on this topic
- On the 'force continuum,' a security guard should escalate force based on:
- Verbal de-escalation should generally be attempted:
- Once an arrestee is fully restrained (e.g., handcuffed and seated, no longer resisting), further use of force by the guard is:
- When may a guard lawfully deploy pepper spray (OC) against a non-compliant subject?
- A baton-permitted guard strikes a non-resisting handcuffed subject with the baton 'to make sure they cooperate later.' Legally, this is:
- Handcuffing a citizen-arrested subject who is calm and compliant is:
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