California Penal Code § 243.6 PC makes it a misdemeanor to commit battery against school employees. If the victim suffers injuries, however, then battery on a school employee can be charged as a misdemeanor or a felony.
The full language of the code section reads as follows:
243.6. When a battery is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, whether on or off campus, during the schoolday or at any other time, and the person committing the offense knows or reasonably should know that the victim is a school employee, the battery is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both the fine and imprisonment. However, if an injury is inflicted on the victim, the battery shall be punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than two thousand dollars ($2,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
For purposes of this section, “school employee” has the same meaning as defined in subdivision (d) of Section 245.5.
This section shall not apply to conduct arising during the course of an otherwise lawful labor dispute.
Legal Analysis
Under California Penal Code 243.6 PC, a defendant can be convicted of committing battery on a school employee when:
- the defendant inflicts unlawful physical force against a school employee;
- the employee was on duty or the defendant was acting in retaliation to the employee’s actions as a school employee; and
- the defendant knew – or reasonably should have known – that the victim was a school employee.
It makes no difference what time of day the battery occurred or whether the battery happened on- or off-campus. The school employee can be either a:
- teacher,
- administrator, or
- any other type of full-time, part-time, or substitute staff member.
Example: Tom is angry his son’s math teacher Mr. Smith gave him a failing grade. After school, Tom accosts Mr. Smith in the parking lot and punches him.
Here, Tom could be convicted of violating PC 243.6 for knowingly battering a school employee.
Battery on a school employee is typically a misdemeanor in California carrying:
- up to 1 year in county jail, and/or
- up to $2,000 in fines.
If the victim sustains an injury, however, then the prosecutor can file charges as either a misdemeanor or a felony (a “wobbler“).
A felony conviction for battery on a school employee carries a California State Prison sentence of:
- 16 months,
- 2 years, or
- 3 years in prison.
Defendants also face a fine of up to $10,000.1
Violating PC 243.6 can be a felony if the school employee sustains injuries.
Frequently-asked-questions
What are defenses to California Penal Code 243.6 charges?
If you are charged with battering a school employee, you may be able to get the charge reduced or dismissed by arguing:
- you were acting in lawful self-defense,
- the incident was an accident, or
- you did not know the person was a teacher
What are the penalties if my charge is reduced to simple battery?
If the D.A. reduces your battery on a teacher charge down to simple battery, then you would face only misdemeanor penalties of:
- up to 6 months in jail and/or
- up to $2,000 in fines.
In many cases, the court will grant you misdemeanor probation in lieu of incarceration.2
Can the teacher sue me if I win the criminal case?
Yes. Even if your PC 243.6 charges get dismissed in criminal court, the teacher can still sue you for battery in civil court and win.
You cannot be convicted of battery at trial unless the court finds you guilty beyond a reasonable doubt – which is a very high bar. Though a court can find you civilly liable for battery if it finds you were at fault by a preponderance of the evidence – which is a much lower standard.3
Therefore, it is not uncommon for people to win in criminal court but still be found liable in civil court.
| California battery offense | Penalties |
| Simple battery (PC 242) | Misdemeanor: Up to 6 months in jail and/or $2,000 |
| Aggravated battery causing serious bodily injury (PC 243(d)) | Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000 |
| Battery on a custodial officer (PC 243.1) | Felony: 16 months, 2 years, or 3 years in jail (or 2, 3, or 4 years if the victim sustains great bodily injury) |
| Battery on a peace or police officer (PC 243(b) & (c)) and Battery on a school employee (PC 243.6) | No injury Misdemeanor: Up to 1 year in jail and/or $2,000 |
| With injury that requires medical treatment Misdemeanor: Up to 1 year in jail and/or $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000 | |
| Domestic battery (PC 243(e)(1)) | Misdemeanor: Up to 6 months in jail and/or $2,000 |
| Sexual battery (PC 243.4) | Misdemeanor: Up to 6 months in jail (or 1 year if there was an aggravating factor) and/or $2,000 (or $3,000 if the victim was your employee) plus Tier I sex offender registration for 10 years. or Felony: 2, 3, or 4 years in prison (or an extra 3 to 5 years if the victim was seriously hurt) and/or up to $10,000 plus Tier III sex offender registration for life (usually). |
See our related article assault on a school employee (PC 241.6).
Legal References
- California Penal Code 243.6 PC – Battery against school employee in retaliation for performance of duties; Injury; Punishment. See, for example: In re B.L. (Cal. App. 1st Dist., 2015), 239 Cal. App. 4th 1491; In re Fernando C. 227 (Cal. App. 1st Dist., 2014) Cal. App. 4th 499.
- California Penal Code 243 PC.
- See People v. Burnick (1975) .