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?
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 82This topic, taught in full in the California Guard Card (BSIS Security Guard) guide. California Guard Card — Complete Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
Practice all 200 questions free — no signup required.
Own the complete California Guard Card (BSIS Security Guard) guide — PDF + EPUB, $9.99 →
Related questions on this topic
- Penal Code §236 defines false imprisonment as 'the unlawful violation of the personal liberty of another.' Which of the following is the most accurate civil-liability description for a security guard?
- Under Penal Code §237, false imprisonment is punishable as a felony when it is effected by:
- Penal Code §240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. For a guard, which scenario most clearly meets all assault elements?
- A security guard observes a person who has been previously warned, in writing, not to return to a posted business property. The person re-enters the premises. Under PC §602(o) and related subdivisions, the guard's legal posture is:
- Under respondeat superior and BPC §7583.39, a licensed PPO (private patrol operator) is generally liable for its employee guard's torts committed:
- A PPO hires a guard without conducting the BSIS-mandated background check. The guard later commits an assault against a patron. Beyond respondeat superior, the PPO may face liability under which independent theory?
Last reviewed: · editorial process