Liability & LegalQuestion 93 of 200
Penal Code §242 defines battery as any willful and unlawful use of force or violence upon the person of another. Which of the following best describes the standard for security guards?
a.Battery requires actual physical injury before liability attaches
b.Battery requires the use of a weapon or instrument
c.Even the slightest unlawful touching done willfully is battery; the touching need not cause pain or injury
d.Battery applies only when the touching occurs on bare skin
Explanation
Battery under PC §242 is 'any willful and unlawful use of force or violence upon the person of another.' California courts (People v. Mansfield (1988) 200 Cal.App.3d 82) hold that the least touching may constitute battery — it need not cause pain or injury, and clothing or items the person carries count as part of the person. For guards, grabbing an arm without lawful authority (no §490.5 probable cause, no §837 arrest authority) is battery even if the suspect is uninjured. Lawful arrests, reasonable defensive force, and detentions under §490.5(f) are privileged and not battery. Weapons (b) and bare-skin contact (d) are not required elements.
Law Reference: Cal. Penal Code §242; People v. Mansfield (1988) 200 Cal.App.3d 82Practice all 200 questions free — no signup required.
Related questions on this topic
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