State By State Assault Laws

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AMERICAN SAMOA

No statutory provisions dealing specifically with strangulation

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UNITED STATES: 18 U.S.C. § 2A2.2 (2014). AGGRAVATED ASSAULT

(a) Base Offense Level: 14

(b) Specific Offense Characteristics

(1) If the assault involved more than minimal planning, increase by 2 levels.

(2) If (A) a firearm was discharged, increase by 5 levels; (B) a dangerous weapon (including a firearm) was otherwise used, increase by 4 levels; (C) a dangerous weapon (including a firearm) was brandished or its use was threatened, increase by 3 levels.

(3) If the victim sustained bodily injury, increase the offense level according to the seriousness of the injury:

Degree of Bodily Injury Increase in Level

(A) Bodily Injury add 3

(B) Serious Bodily Injury add 5

(C) Permanent or Life-Threatening Bodily Injury add 7

(D) If the degree of injury is between that specified in subdivisions (A) and (B), add 4 levels; or

(E) If the degree of injury is between that specified in subdivisions (B) and (C), add 6 levels.

However, the cumulative adjustments from application of subdivisions (2) and (3) shall not exceed 10 levels.

(4) If the assault was motivated by a payment or offer of money or other thing of value, increase by 2 levels.

(5) If the offense involved the violation of a court protection order, increase by 2 levels.

(6) If the defendant was convicted under 18 U.S.C. § 111(b) or § 115, increase by 2 levels.

<Effective November 1, 2014, absent contrary Congressional action, par. (4) is redesignated as
par. (5) and a new par. (4) is added to read as follows:>

<(4) If the offense involved strangling, suffocating, or attempting to strangle or suffocate a spouse, intimate partner, or dating partner, increase by 3 levels.>

<However, the cumulative adjustments from application of subdivisions (2), (3), and (4) shall not exceed 12 levels.>

PROPOSED REDESIGNATION OF PARS. (4) THROUGH (6) AS PARS. (5) THROUGH (7)

<Effective November 1, 2014, absent contrary Congressional action, pars. (4) through (6) are
redesignated as pars. (5) through (7) to read as follows:>

<(5) If the assault was motivated by a payment or offer of money or other thing of value, increase by 2 levels.>

<(6) If the offense involved the violation of a court protection order, increase by 2 levels.>

<(7) If the defendant was convicted under 18 U.S.C. § 111(b) or § 115, increase by 2 levels.>

COMMENTARY

<Application Notes:>

<1. Definitions.--For purposes of guideline:>

<"Aggravated assault" means a felonious assault that involved (A) a dangerous weapon with intent to cause bodily injury (i.e., not merely to frighten) with that weapon; (B) serious bodily injury; or (C) an intent to commit another felony.>

<"Brandished," "bodily injury," "firearm;""otherwise used," "permanent or life threatening bodily injury," and "serious bodily injury," have the meaning given those terms in § 1B1.1 (Application Instructions), Application Note 1.>

<"Dangerous weapon" has the meaning given that term in § 1B.1, Application Note 1, and includes any instrument that is not ordinarily used as a weapon (e.g., a car, a chair, or an ice pick) if such an instrument is involved in the offense with the intent to commit bodily injury.>

<2. Application of Subsection (b)(1).--For purposes of subsection (b)(1), "more than minimal planning" means more planning than is typical for commission of the offense in a simple form. "More than minimal planning" also exists if significant affirmative steps were taken to conceal the offense, other than conduct to which § 3C1.1 (Obstructing or Impeding the Administration Page 4 of 148 National Center for Prosecution of Violence Against Women National District Attorney Association DOJ Grant #2009-TA-AX-K012 www.ndaa.org of Justice) applies. For example, waiting to commit the offense when no witnesses were present would not alone constitute more than minimal planning. By contrast, luring the victim to a specific location or wearing a ski mask to prevent identification would constitute more than minimal planning.>

<3. Application of Subsection (b)(2).--In a case involving a dangerous weapon with intent to cause bodily injury, the court shall apply both the base offense level and subsection (b)(2).>

<4. Application of Official Victim Adjustment.--If subsection (b)(6) applies, § 3A1.2 (Official Victim) also shall apply.>

<Background: This guideline covers felonious assaults that are more serious than minor assaults
because of the presence of an aggravating factor, i.e., serious bodily injury, the involvement of a
dangerous weapon with intent to cause bodily injury, or the intent to commit another felony.
Such offenses occasionally may involve planning or be committed for hire. Consequently, the
structure follows § 2A2.1 (Assault with Intent to Commit Murder, Attempted Murder). This
guideline also covers attempted manslaughter and assault with intent to commit manslaughter.
Assault with intent to commit murder is covered by § 2A2.1. Assault with intent to commit rape
is covered by § 2A3.1 (Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse.)>

<An assault that involves the presence of a dangerous weapon is aggravated in form when the
presence of the dangerous weapon is coupled with the intent to cause bodily injury. In such a
case, the base offense level and the weapon enhancement in subsection (b)(2) take into account
different aspects of the offense, even if application of the base offense level and the weapon
enhancement is based on the same conduct.>

<Subsection (b)(6) implements the directive to the Commission in subsection 11008(e) of the
21st Century Department of Justice Appropriations Act (the "Act"), Public Law 107-273. The
enhancement in subsection (b)(6) is cumulative to the adjustment in § 3A1.2 (Official Victim) in
order to address adequately the directive in section 11008(e)(2)(D) of the Act, which provides
that the Commission shall consider "the extent to which sentencing enhancements within the
Federal guidelines and the authority of the court to impose a sentence in excess of the
applicable guideline range are adequate to ensure punishment at or near the maximum penalty
for the most egregious conduct covered by" 18 U.S.C. §§ 111 and 115.>

42 U.S.C.A. § 16901, 42 USCA § 16901Current through P.L. 113-163 (excluding P.L.
113-128)
approved 8-8-14

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ALA. CODE § 13A-6-133 (2016): ARREST WITHOUT WARRANT – GENERALLY
For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of
domestic violence in the first, second, and third degrees, and domestic violence by strangulation
or suffocation shall be an offense involving domestic violence. A warrantless arrest for an
offense involving domestic violence made pursuant to subdivision (8) of subsection (a) of
Section 15-10-3, shall include a charge of a crime of domestic violence under this article.
CREDIT(S) (Act 2011-581, p. 1273, § 3.)

ALA. CODE § 13A-6-138 (2016): DOMESTIC VIOLENCE BY STRANGULATION OR
SUFFOCATION
13A-6-138. Domestic violence by strangulation or suffocation.
 (a) For the purposes of this section, the following terms have the following meanings:
o (1) Strangulation. Intentionally causing asphyxia by closure or compression of
the blood vessels or air passages of the neck as a result of external pressure on
the neck.
o (2) Suffocation. Intentionally causing asphyxia by depriving a person of air or by
preventing a person from breathing through the inhalation of toxic gases or by
blocking or obstructing the airway of a person, by any means other than by
strangulation.
 (b) A person commits the crime of domestic violence by strangulation or suffocation if
he or she commits an assault with intent to cause physical harm or commits the crime of
menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted
strangulation or suffocation against a victim, as the term is defined in Section 13A-6
139.1.
 (c) Domestic violence by strangulation or suffocation is a Class B felony punishable as
provided by law.
CREDIT(S)
Code of Ala. § 13A-6-138 Acts 2011, No. 11-581, § 3, Sept. 1, 2011; Acts 2015, No. 15-493, § 2,
Jan. 1, 2016.

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ALASKA. STAT. § 11.41.200 (2016). ASSAULT IN THE FIRST DEGREE
(a) A person commits the crime of assault in the first degree if
(1) that person recklessly causes serious physical injury to another by means of a dangerous
instrument;
(2) with intent to cause serious physical injury to another, the person causes serious physical
injury to any person;
(3) the person knowingly engages in conduct that results in serious physical injury to another
under circumstances manifesting extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to another by repeated assaults using a
dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault in the first degree is a class A felony.

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ALASKA. STAT. § 11.81.900 (2016). DEFINITIONS (CRIMINAL LAW)
….
(b) In this title, unless otherwise specified or unless the context requires otherwise,
…
(15) “dangerous instrument” means
(A) any deadly weapon or anything that, under the circumstances in which it is used, attempted
to be used, or threatened to be used, is capable of causing death or serious physical injury; or
(B) hands or other objects when used to impede normal breathing or circulation of blood by
applying pressure on the throat or neck or obstructing the nose or mouth;
…..
CREDIT(S)
SLA 1978, ch. 166, § 10; SLA 1980, ch. 102, §§ 29--32; SLA 1982, ch. 45, §§ 12--14; SLA 1982, ch.
143, §§ 12--15; SLA 1983, ch. 54, § 2; SLA 1984, ch. 79, § 5; SLA 1984, ch. 114, § 3; SLA 1984, ch.
116, §§ 1, 2; SLA 1990, ch. 171, § 1; SLA 1991, ch. 59, § 10; SLA 1991, ch. 91, § 3; SLA 1996, ch.
60, § 5; SLA 1998, ch. 86, § 4; SLA 2000, ch. 33, §§ 4, 5; SLA 2000, ch. 65, §§ 16, 17; SLA 2003, ch.
35, § 22; SLA 2004, ch. 139, § 3; SLA 2005, ch. 20, § 1; SLA 2006, ch. 73, § 6, eff. Sept. 14, 2006.
Amended by SLA 2013, ch. 54, § 3, eff. Sept. 18, 2013.

ALASKA. STAT. § 11.41.200 (2016). ASSAULT IN THE FIRST DEGREE
(a) A person commits the crime of assault in the first degree if
(1) that person recklessly causes serious physical injury to another by means of a dangerous
instrument;
(2) with intent to cause serious physical injury to another, the person causes serious physical
injury to any person;
(3) the person knowingly engages in conduct that results in serious physical injury to another
under circumstances manifesting extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to another by repeated assaults using a
dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault in the first degree is a class A felony.

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“Without consent” includes any of the following:
the victim is coerced by the immediate use or threatened use of force against a person or property;

1. the victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any
   other similar impairment of cognition and such condition is known or should have reasonably been known
   to the defendant (see definition of “mental defect” below);
   2. the victim is intentionally deceived as to the nature of the act; or

3. the victim is intentionally deceived to erroneously believe that the person is the victim’s spouse. 4.
Arizona Revised Statute § 13-1401(A)(7)

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§ 13-1203 A(1): A person can be charged with assault if they intentionally, knowingly, or recklessly caused any physical injury to another person. This is the most serious of the misdemeanor assault charges.

13-1203. Assault; classification

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

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12-581. Definitions

1. " Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person.

12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.

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• DefinitionA person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
• Crime Definition StatuteAriz. Rev. Stat. Ann. §§ 13-1401 (definitions, factors), 13-1406 (sexual assault), 13-702–706, 13-1423 (violent sexual assault).

• DefinitionA person commits sexual abuse by intentionally or knowingly engaging in sexual contact:
  • With any person who is 15 or more years of age without consent of that person; or
  • With any person who is under 15 years of age if the sexual contact involves only the female breast.

  If the victim was 15, 16, or 17 years old and the offender was in a position of trust, consent is not a defense to prosecution.

• Crime Definition StatuteAriz. Rev. Stat. Ann. §§ 13-1401 (definitions, factors), 13-1404 (sexual abuse), 13-702–706 (sentencing), 13-1423 (violent sexual assault).

• DefinitionUnlawful sexual conduct by an adult probation department employee or juvenile court employee occurs if the offender knowingly coerces the victim to engage in sexual contact, oral sexual contact, or sexual intercourse by either:
  • Threatening to negatively influence the victim’s supervision or release status; or
  • Offering to positively influence the victim’s supervision or release status.

  For the purposes of this law, a victim is defined as either (a) subject to conditions of release or supervision by a court or (b) a minor who was referred to the juvenile court.

• Crime Definition StatuteAriz. Rev. Stat. Ann. §§ 13-1401 (definitions, factors), 13-1409 (unlawful sexual conduct probation and juvenile court employees), 13-702–706 (sentencing), 13-1423 (violent sexual assault).

• DefinitionA peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is either:
  • In the officer's custody; or
  • A person who the officer knows or has reason to know is the subject of an investigation.

  This does apply to either: (1) direct or indirect touching or manipulating of the genitals, anus, or female breast that occurs during a lawful search; or (2) an officer who is married to or in a romantic or sexual relationship with the person at the time of the arrest or investigation. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship: (a) the type of relationship; (b) the length of the relationship; (c) the frequency of the interaction between the victim and the defendant; and (d) if the relationship has terminated, the length of time since the termination.

• Crime Definition StatuteAriz. Rev. Stat. Ann. §§ 13-105 (definitions), 13-1401 (definitions, factors), 13-1412 (unlawful sexual conduct, peace officers), 1-215 (definitions), 13-702–706 (sentencing), 13-1423 (violent sexual assault).

• DefinitionA person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an “offender” (i.e., “prisoner”) who is:
  • In the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail; or
  • Under the supervision of either department or a city or county.
• Crime Definition StatuteAriz. Rev. Stat. Ann. §§ 13-1401 (definitions, factors), 13-1419 (unlawful sexual conduct, correctional facilities), 13-702–706 (sentencing), 13-1423 (violent sexual assault).

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Only defined in CHAPTER 35.1 SEXUAL EXPLOITATION OF CHILDREN

13-3501. Definitions

In this chapter, unless the context otherwise requires:

1. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both:

(a) To the average adult applying contemporary state standards with respect to what is suitable for minors, it both:

(i) Appeals to the prurient interest, when taken as a whole. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(ii) Portrays the description or representation in a patently offensive way.

(b) Taken as a whole does not have serious literary, artistic, political, or scientific value for minors.

2. "Item" means any material or performance which depicts or describes sexual activity and includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message or other similar items whether tangible or intangible and including any performance, exhibition, transmission or dissemination of any of the above. An item also includes a live performance or exhibition which depicts sexual activity to the public or an audience of one or more persons. An item is obscene within the meaning of this chapter when all of the following apply:

(a) The average person, applying contemporary state standards, would find that the item, taken as a whole, appeals to the prurient interest. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(b) The average person, applying contemporary state standards, would find that the item depicts or describes, in a patently offensive way, sexual activity as that term is described in this section.

(c) The item, taken as a whole, lacks serious literary, artistic, political or scientific value.

3. "Knowledge of the character" means having general knowledge or awareness, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of that which is reasonably susceptible to examination by the defendant both:

(a) That the item contains, depicts or describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse, whichever is applicable, whether or not there is actual knowledge of the specific contents thereof. This knowledge can be proven by direct or circumstantial evidence, or both.

(b) If relevant to a prosecution for violating section 13-3506, 13-3506.01 or 13-3507, the age of the minor, provided that an honest mistake shall constitute an excuse from liability under this chapter if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

4. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

5. "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed, for the purpose or in the context of sexual gratification or abuse.

6. "Sexual activity" means:

(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.

(b) Patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibition of the genitals.

7. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.

8. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

9. "Ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity which gives the appearance of consummation of ultimate sexual acts.

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ARIZ. REV. STAT. §13-1204 (2016): ASSAULT AND RELATED OFFENSES
…….
B. A person commits aggravated assault if the person commits assault by either intentionally,
knowingly or recklessly causing any physical injury to another person, intentionally placing
another person in reasonable apprehension of imminent physical injury or knowingly touching
another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of
another person by applying pressure to the throat or neck or by obstructing the nose and mouth
either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in § 13-3601, subsection A, paragraph 1, 2,
3, 4, 5 or 6.
C. A person who is convicted of intentionally or knowingly committing aggravated assault on a
peace officer while the officer is engaged in the execution of any official duties pursuant to
subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less
than the presumptive sentence authorized under chapter 7 of this title and is not eligible for
suspension of sentence, commutation or release on any basis until the sentence imposed is
served.
D. Except pursuant to subsections E and F of this section, aggravated assault pursuant to
subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony
except if the victim is under fifteen years of age in which case it is a class 2 felony punishable
pursuant to § 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B
of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9,
subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to
subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6
felony.

E. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a
peace officer while the officer is engaged in the execution of any official duties is a class 2
felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a
peace officer while the officer is engaged in the execution of any official duties is a class 3
felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section
committed on a peace officer while the officer is engaged in the execution of any official duties
is a class 5 felony unless the assault results in any physical injury to the peace officer while the
officer is engaged in the execution of any official duties, in which case it is a class 4 felony.
F. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results
in physical injury to a prosecutor.
G. For the purposes of this section, “prosecutor” means a county attorney, a municipal prosecutor or the attorney
general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
CREDIT(S)
Added by Laws 1977, Ch. 142, § 61, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 15, eff. April 23, 1980; Laws
1984, Ch. 325, § 2; Laws 1985, Ch. 364, § 14, eff. May 16, 1985; Laws 1990, Ch. 152, § 1; Laws 1991, Ch. 225, § 2; Laws
1994, Ch. 121, § 1; Laws 1994, Ch. 200, § 12, eff. April 19, 1994; Laws 1995, Ch. 127, § 1; Laws 1996, Ch. 32, § 1, eff.
March 25, 1996; Laws 1999, Ch. 261, § 16. Amended by Laws 2001, Ch. 124, § 3; Laws 2005, Ch. 166, § 3; Laws 2007,
Ch. 47, § 1; Laws 2008, Ch. 179, § 1; Laws 2008, Ch. 301, § 52, eff. Jan. 1, 2009; Laws 2010, Ch. 97, § 1; Laws 2010, Ch.
241, § 1; Laws 2010, Ch. 276, § 2; Laws 2011, Ch. 90, § 6.

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13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure

A. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

2. The victim and the defendant have a child in common.

3. The victim or the defendant is pregnant by the other party.

4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection.

C. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence.

D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm.

E. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody.

F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner's or possessor's request for a hearing.  At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor.

G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section.

H. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection.

I. A person who is arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

J. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:

1. An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12-1809.

2. The emergency telephone number for the local police agency.

3. Telephone numbers for emergency services in the local community.

4. Websites for local resources related to domestic violence.

K. A peace officer is not civilly liable for noncompliance with subsection J of this section.

L. If a person is convicted of an offense involving domestic violence and the victim was pregnant at the time of the commission of the offense, at the time of sentencing the court shall take into consideration the fact that the victim was pregnant and may increase the sentence.

M. An offense that is included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum sentence otherwise authorized for that violation shall be increased by up to two years.

N. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall determine if a minor is present.  If a minor is present, the peace officer shall conduct a child welfare check to determine if the child is safe and if the child might be a victim of domestic violence or child abuse.

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13-1422. Adult oriented businesses; location; hours of operation; injunction; classification; definitions

A. An adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship.  For the purposes of this subsection, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship.  An adult oriented business lawfully operating in conformity with this section does not violate this section if a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship subsequently locates within one-fourth mile of the adult oriented business.

B. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio shall not remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday.

C. Subsection A of this section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate the location of adult oriented businesses.

D. Subsection B of this section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio in a manner that is at least as restrictive as subsection B of this section.

E. If there is reason to believe that a violation of subsection A of this section is being committed in any county or city, the county attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen's own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.

F. A violation of subsection A or B of this section is a class 1 misdemeanor.  Each day of violation constitutes a separate offense.

G. For the purposes of this section:

1. "Adult arcade" has the same meaning prescribed in section 11-811.

2. "Adult bookstore or video store" has the same meaning prescribed in section 11-811.

3. "Adult cabaret" excludes any establishment licensed under title 4 and includes any nightclub, bar, restaurant or other similar commercial establishment that regularly features:

(a) Persons who appear in a state of nudity or who are seminude.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

(c) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.

4. "Adult motion picture theater" has the same meaning prescribed in section 11-811.

5. "Adult oriented business" has the same meaning prescribed in section 11-811.

6. "Adult theater" has the same meaning prescribed in section 11-811.

7. "Escort" means a person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

8. "Escort agency" means a person or business association that furnishes, offers to furnish or advertises the furnishing of escorts as one of its primary business purposes for any fee, tip or other consideration.

9. "Nude model studio" has the same meaning prescribed in section 11-811.

10. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section 11-811.

11. "Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs or architectural or other features.

12. "Residence" means a permanent dwelling place.

13. "Seminude" has the same meaning prescribed in section 11-811.

14. "Specific anatomical areas" has the same meaning prescribed in section 11-811.

15. "Specific sexual activities" has the same meaning prescribed in section 11-811.

Phoenix Sexually Oriented Business Application: Phoenix City Clerk Licensing Requirements for Sexually Oriented Businesses

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ACLU Has proposed HB2625

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ALASKA. STAT. § 11.41.200 (2016). ASSAULT IN THE FIRST DEGREE
(a) A person commits the crime of assault in the first degree if
(1) that person recklessly causes serious physical injury to another by means of a dangerous
instrument;
(2) with intent to cause serious physical injury to another, the person causes serious physical
injury to any person;
(3) the person knowingly engages in conduct that results in serious physical injury to another
under circumstances manifesting extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to another by repeated assaults using a
dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault in the first degree is a class A felony.

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ONLY DEFINED IN CHILD ABUSE LAWS

ARK. CODE ANN. § 12-18-103 (2016): DEFINITIONS (MANDATED REPORTING CHILD
ABUSE)
As used in this chapter "Child Maltreatment Act".:
……
(2)(A) “Abuse” means any of the following acts or omissions by a parent, guardian, custodian,
foster parent, person eighteen (18) years of age or older living in the home with a child whether
related or unrelated to the child, or any person who is entrusted with the child's care by a
parent, guardian, custodian, or foster parent, including, but not limited to, an agent or
employee of a public or private residential home, child care facility, public or private school, or
any person legally responsible for the child's welfare, but excluding the spouse of a minor:
(i) Extreme or repeated cruelty to a child;

(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary
disfigurement, or impairment of any bodily organ;
(iii) Injury to a child's intellectual, emotional, or psychological development as evidenced by
observable and substantial impairment of the child's ability to function within the child's normal
range of performance and behavior;
(iv) Any injury that is at variance with the history given;
(v) Any nonaccidental physical injury;
(vi) Any of the following intentional or knowing acts, with physical injury and without justifiable
cause:
(a) Throwing, kicking, burning, biting, or cutting a child;
(b) Striking a child with a closed fist;
(c) Shaking a child; or
(d) Striking a child on the face or head; or
(vii) Any of the following intentional or knowing acts, with or without physical injury:
(a) Striking a child six (6) years of age or younger on the face or head;
(b) Shaking a child three (3) years of age or younger;
(c) Interfering with a child's breathing;
d) Pinching, biting, or striking a child in the genital area;
(e) Tying a child to a fixed or heavy object or binding or tying a child's limbs together;
(f) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance
not prescribed by a physician that has the capacity to interfere with normal physiological
functions;
(g) Giving a child or permitting a child to consume or inhale a substance not prescribed by a
physician that has the capacity to alter the mood of the child, including, but not limited to, the
following:
(1) Marijuana;

(2) Alcohol, excluding alcohol given to a child during a recognized and established religious
ceremony or service;
(3) A narcotic; or
(4) An over-the-counter drug if a person purposely administers an overdose to a child or
purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally
impacted by the overdose or the over-the-counter drug;
(h) Exposing a child to a chemical that has the capacity to interfere with normal physiological
functions, including, but not limited to, a chemical used or generated during the manufacture of
methamphetamine; or
(i) Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the
incident is confirmed by medical personnel.
(B)(i) The list in subdivision (2)(A) of this section is illustrative of unreasonable action and is not
intended to be exclusive.
(ii) No unreasonable action shall be construed to permit a finding of abuse without having
established the elements of abuse.
(C)(i) “Abuse” does not include physical discipline of a child when it is reasonable and moderate
and is inflicted by a parent or guardian for purposes of restraining or correcting the child.
(ii) “Abuse” does not include when a child suffers transient pain or minor temporary marks as
the result of an appropriate restraint if:
(a) The person exercising the restraint is:
(1) An employee of a child welfare agency licensed or exempted from licensure under the Child
Welfare Agency Licensing Act, § 9-28-401 et seq.; and
(2) Acting in his or her official capacity while on duty at a child welfare agency licensed or
exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;
(b) The agency has policy and procedures regarding restraints;
(c) No other alternative exists to control the child except for a restraint;
(d) The child is in danger or hurting himself or herself or others;
(e) The person exercising the restraint has been trained in properly restraining children, de
escalation, and conflict resolution techniques;

(f) The restraint is for a reasonable period of time; and
(g) The restraint is in conformity with training and agency policy and procedures.
(iii) Reasonable and moderate physical discipline inflicted by a parent or guardian does not
include any act that is likely to cause and which does cause injury more serious than transient
pain or minor temporary marks.
(iv) The age, size, and condition of the child and the location of the injury and the frequency or
recurrence of injuries shall be considered when determining whether the physical discipline is
reasonable or moderate;
(13) "Near fatality" means an act that, as certified by a physician, places the child in serious or
critical condition;
…..
CREDIT(S)
Acts of 2009, Act 749, § 1, eff. July 31, 2009; Acts of 2011, Act 779, §§ 15 to 17, eff. July 27, 2011; Acts of 2011, Act
1143, §§ 2 to 5, eff. July 27, 2011; Acts of 2013, Act 725, §§ 2 to 4, eff. Aug. 16, 2013; Acts of 2013, Act 1006, §§ 1 to
6, eff. Aug. 16, 2013.

ARK. CODE ANN. § § 9-27-303. DEFINITIONS (2016): DEFINITIONS (JUVENILE COURTS AND
PROCEEDINGS S)
……..
(3)(A) "Abuse" means any of the following acts or omissions by a parent, guardian, custodian,
foster parent, person eighteen (18) years of age or older living in the home with a child, whether
related or unrelated to the child, or any person who is entrusted with the juvenile's care by a
parent, guardian, custodian, or foster parent, including, but not limited to, an agent or
employee of a public or private residential home, child care facility, public or private school, or
any person legally responsible for the juvenile's welfare:
(i) Extreme or repeated cruelty to a juvenile;
(ii) Engaging in conduct creating a realistic and serious threat of death, permanent or temporary
disfigurement, or impairment of any bodily organ;
(iii) Injury to a juvenile's intellectual, emotional, or psychological development as evidenced by
observable and substantial impairment of the juvenile's ability to function within the juvenile's
normal range of performance and behavior;

(iv) Any injury that is at variance with the history given;
(v) Any nonaccidental physical injury;
(vi) Any of the following intentional or knowing acts, with physical injury and without justifiable
cause:
(a) Throwing, kicking, burning, biting, or cutting a child;
(b) Striking a child with a closed fist;
(c) Shaking a child; or
(d) Striking a child on the face; or
(vii) Any of the following intentional or knowing acts, with or without physical injury:
(a) Striking a child six (6) years of age or younger on the face or head;
(b) Shaking a child three (3) years of age or younger;
(c) Interfering with a child's breathing;
(d) Urinating or defecating on a child;
(e) Pinching, biting, or striking a child in the genital area;
(f) Tying a child to a fixed or heavy object or binding or tying a child's limbs together;
(g) Giving a child or permitting a child to consume or inhale a poisonous or noxious substance
not prescribed by a physician that has the capacity to interfere with normal physiological
functions;
(h) Giving a child or permitting a child to consume or inhale a substance not prescribed by a
physician that has the capacity to alter the mood of the child, including, but not limited to, the
following:
(1) Marijuana;
(2) Alcohol, excluding alcohol given to a child during a recognized and established religious
ceremony or service;
(3) Narcotics; or

(4) Over-the-counter drugs if a person purposely administers an overdose to a child or purposely
gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted
by the overdose or over-the-counter drug;
(i) Exposing a child to chemicals that have the capacity to interfere with normal physiological
functions, including, but not limited to, chemicals used or generated during the manufacturing
of methamphetamine; or
(j) Subjecting a child to Munchausen syndrome by proxy, also known as factitious illness by
proxy, when reported and confirmed by medical personnel or a medical facility.
(B)(i) The list in subdivision (3)(A) of this section is illustrative of unreasonable action and is not
intended to be exclusive.
(ii) No unreasonable action shall be construed to permit a finding of abuse without having
established the elements of abuse.
(C) "Abuse" shall not include:
(i) Physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or
guardian for purposes of restraining or correcting the child; or
(ii) Instances when a child suffers transient pain or minor temporary marks as the result of a
reasonable restraint if:
(a) The person exercising the restraint is an employee of a residential child care facility licensed
or exempted from licensure under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;
(b) The person exercising the restraint is acting in his or her official capacity while on duty at a
residential child care facility or the residential child care facility is exempt from licensure under
the Child Welfare Agency Licensing Act, § 9-28-401 et seq.;
(c) The agency has policies and procedures regarding restraints;
(d) Other alternatives do not exist to control the child except for a restraint;
(e) The child is in danger of hurting himself or herself or others;
(f) The person exercising the restraint has been trained in properly restraining children, de
escalation, and conflict resolution techniques; and
(g) The restraint is:
(1) For a reasonable period of time; and

(2) In conformity with training and agency policy and procedures.
(iii) Reasonable and moderate physical discipline inflicted by a parent or guardian shall not
include any act that is likely to cause and that does cause injury more serious than transient pain
or minor temporary marks.
(iv) The age, size, and condition of the child and the location of the injury and the frequency or
recurrence of injuries shall be considered when determining whether the physical discipline is
reasonable or moderate;
….
CREDIT(S)
Acts of 1989, Act 273, § 3; Acts of 1993, Act 468, § 4, eff. March 12, 1993; Acts of 1993, Act 1126, §§ 1, 2, eff. Sept. 1,
1993; Acts of 1993, Act 1227, § 1; 1994 (2nd Ex. Sess.), Act 11, § 1, 1994 (2nd Ex. Sess.), Act 36, § 1; Acts of 1995, Act
532, §§ 1 to 4; Acts of 1995, Act 804, § 1; Acts of 1995, Act 811, § 2; Acts of 1995, Act 1261, § 13; Acts of 1997, Act
208, § 8; Acts of 1997, Act 1227, § 1, eff. April 7, 1997; Acts of 1999, Act 401, §§ 2 to 4, eff. March 4, 1999; Acts of
1999, Act 1192, § 12, eff. July 30, 1999; Acts of 1999, Act 1340, §§ 1 to 7, 35, eff. July 30, 1999; Acts of 2001, Act 1503,
§ 1, eff. Aug. 13, 2001; Acts of 2001, Act 1610, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1166, § 2, eff. July 16, 2003;
Acts of 2003, Act 1319, §§ 1 to 8, eff. July 16, 2003; Acts of 2005, Act 1176, § 3, eff. March 24, 2005; Acts of 2005, Act
1191, § 1, eff. Aug. 12, 2005; Acts of 2005, Act 1990, § 1, eff. Aug. 12, 2005; Acts of 2007, Act 587, §§ 3 to 9, eff. July
31, 2007; Acts of 2009, Act 956, § 5, eff. April 6, 2009; Acts of 2011, Act 792, § 1 to 5, eff. July 27, 2011; Acts of 2011,
Act 793, § 7, eff. July 27, 2011; Acts of 2011, Act 1175, § 1, eff. July 27, 2011; Acts of 2013, Act 761, § 1, eff. Aug. 16,
2013; Acts of 2013, Act 1055, §§ 1 to 7, 18, eff. Aug. 16, 2013; Acts of 2013, Act 1431, § 3, eff. Aug. 16, 2013.

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CALIFORNIA ASSAULT AND BATTERY LAWS OVERVIEW

California's assault and battery laws can be found in Chapter 9 of the California Penal Code.

The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery. A prosecutor must show that the defendant intended to commit a battery and had the "present ability" to do so but does not need to show that physical contact actually happened.

Battery describes force or violence used against another person. A prosecutor must show that the defendant willfully made contact with another person. The Penal Code establishes varying degrees of severity for a battery. While Section 242 of the Penal Code sets the basic elements of a battery, a prosecutor can also use Section 243(d) when the victim suffered a "serious bodily injury." In addition, the Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, firefighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.

Summary of California Assault and Battery Laws Overview

Below you will find key provisions of California’s assault and battery laws.

Aggravated Assault and Battery

California state laws allow a prosecutor to pursue charges of aggravated assault or aggravated battery in the most serious cases. The prosecutor must show an "aggravating circumstance" to elevate the charges against the defendant. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault or aggravated battery. Another example of aggravated assault is assault with the intent to commit a felony such as murder or rape.

California Penal Code Section 243: (Battery on a Peace Officer): Up to three years county jail or state prison, fine up to $10,000, probation

CALIFORNIA CODE, PENAL CODE - PEN § 240

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

PART 1 - OF CRIMES AND PUNISHMENTS
TITLE 8 - OF CRIMES AGAINST THE PERSON
CHAPTER 9 - Assault and Battery
Section 241.
Universal Citation: CA Penal Code § 241 (2023)

241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(b) When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(c) When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(d) As used in this section, the following definitions apply:

(1) Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(2) “Emergency medical technician” means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(3) “Mobile intensive care paramedic” refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(4) “Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(5) “Lifeguard” means a person who is:

(A) Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.

(B) Wearing distinctive clothing which includes written identification of the person’s status as a lifeguard and which clearly identifies the employing organization.

(6) “Process server” means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.

(7) “Traffic officer” means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.

(8) “Animal control officer” means any person employed by a county or city for purposes of enforcing animal control laws or regulations.

(9) (A) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.

(B) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).

(10) “Parking control officer” means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.

(11) “Search and rescue member” means any person who is part of an organized search and rescue team managed by a governmental agency.

(Amended by Stats. 2016, Ch. 86, Sec. 224. (SB 1171) Effective January 1, 2017.)

241.1. When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 289. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

TITLE 8 - OF CRIMES AGAINST THE PERSON
CHAPTER 9 - Assault and Battery
Section 241.2.
Universal Citation: CA Penal Code § 241.2 (2023)

241.2. (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.

(b) “School,” as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college.

(c) “Park,” as used in this section, means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events.

(Amended by Stats. 2001, Ch. 484, Sec. 2. Effective January 1, 2002.)

241.3. (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment.

(b) As used in this section, “public transportation provider” means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a schoolbus.

(c) As used in this section, “on the property of” means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system.

(Repealed and added by Stats. 1996, Ch. 423, Sec. 2. Effective January 1, 1997.)

241.4. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When the assault is committed against the person of a peace officer engaged in the performance of his or her duties as a member of a police department of a school district pursuant to Section 38000 of the Education Code, and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 290. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

241.5. (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense knows or reasonably should know that the victim is a highway worker engaged in the performance of his or her duties, the offense shall be punishable by a fine not to exceed two thousand dollars ($2,000) or by imprisonment in a county jail up to one year or by both that fine and imprisonment.

(b) As used in this section, “highway worker” means an employee of the Department of Transportation, a contractor or employee of a contractor while working under contract with the Department of Transportation, an employee of a city, county, or city and county, a contractor or employee of a contractor while working under contract with a city, county, or city and county, or a volunteer as defined in Section 1720.4 of the Labor Code who does one or more of the following:

(1) Performs maintenance, repair, or construction of state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones.

(2) Operates equipment on state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones.

(3) Performs any related maintenance work, as required, on state highway or local street or road infrastructures in highway or local street or road work zones.

(Amended by Stats. 2009, Ch. 116, Sec. 1. (AB 561) Effective January 1, 2010.)

241.6. When an assault 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 the victim is a school employee, the assault 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.

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.

(Amended by Stats. 1993, Ch. 1257, Sec. 5. Effective January 1, 1994.)

241.7. Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after the conclusion of the trial, commits an assault against any juror or alternate juror who was selected and sworn in that legal action, shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 291. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

241.8. (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.

(b) “Because of” means that the bias motivation must be a cause in fact of the assault, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the assault.

(Added by Stats. 2003, Ch. 138, Sec. 1. Effective January 1, 2004.)

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243(d)

Under California Penal Code Section 243(d) PC, it is illegal to commit any battery that causes serious bodily injury to another. This offense is also referred to as aggravated battery.

To prove that a defendant is guilty of battery causing serious bodily injury, a prosecutor must be able to establish the following elements:

The defendant willfully touched another in a harmful or offensive manner.
The victim suffered serious bodily injury as a result of the force used.
AND the defendant did not act in self defense , defense of others or while reasonably disciplining a child.
A serious bodily injury means a serious impairment of one's physical condition. Such injuries may include loss of consciousness, concussion, bone fractures, impairment of an organ or body part or a wound that requires extensive stitches.

In past California criminal cases, courts have found the following physical conditions to constitute serious bodily injuries:

• a lost tooth up to its root,
• a loss of consciousness,
• a cut under the eye requiring eight stitches,
• a broken tooth, wounds on eyebrow, and lips requiring sutures, and
• bone fractures, broken bones, or serious disfigurement.

Penal Code 243(f)(4) “Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement

Penal Code 243(f)(5) "“Injury” means any physical injury which requires professional medical treatment."

WHAT IS CONSIDERED A SERIOUS BODILY INJURY IN CALIFORNIA? By Eisner Gorin LLP

The primary factor in a Penal Code 243(d) aggravated battery case is whether the victim's injuries qualify as a “serious bodily injury.”

A serious bodily injury is described as any serious impairment to the victim's physical health, but it's not required they receive medical treatment.

There are many types of injuries that can qualify as serious, including:

• Broken bones
• Fractures
• Unconsciousness
• Concussion
• Impairment of organ function
• Wounds requiring stitches

It should be noted this is not a complete list of serious injuries.

Whether or not a victim's injuries are “serious” under the context of Penal Code 243(d) PC is a fact-intensive question that has to be evaluated on a case-by-case basis.

This means the final decision of whether it's a “serious” injury has to be decided by the jury at trial. There are PC 243(d) cases with no broken bones or loss of consciousness where the jury has returned a “guilty” verdict based on a finding that serious bodily injury did occur.

On the flip side, there have been aggravated battery cases where the victim's injuries seemed serious, like a large cut requiring several stitches, but the jury returned a “not guilty” verdict because they didn't believe there was sufficient evidence of a serious bodily injury.

WHAT IS A GREAT BODILY INJURY ENHANCEMENT?

If you were charged with a felony case of PC 243(d) aggravated battery, the case will become more complicated if it's alleged the victim sustained a great bodily injury (GBI).

A great bodily injury is separate and distinct from a serious bodily injury. A GBI is generally described as:

• A significant or substantial physical injury

A “serious” bodily injury is a lesser standard than a GBI and not all cases of battery causing serious bodily injury will be rise to the level of a great bodily injury.

Whether the PC 243(d) aggravated battery case involved a great bodily injury is yet another fact-based determination that a jury will have to decide at trial.

The GBI sentencing enhancement under California Penal Code 12022.7 PC means you could be facing additional time in jail.

If the jury decides the injuries suffered by the victim rose to the level of a great bodily injury, then you could face an additional three to six years in a California state prison.

Reference: Judicial Council of California Criminal Jury Instructions (2024 edition)

California Code, Penal Code - PEN § 245

(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.

(d)(1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.

(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

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Crimes generally referred to as sexual assault may be prosecuted through California's sexual assault, or sexual battery, laws. These laws prohibit unwanted touching of another person's intimate parts. The California Penal Code defines intimate parts as the victim's "sexual organ, anus, groin, or buttocks of any person, and the breast of a female." When sexual assault leads to nonconsensual intercourse with the victim, it's charged as rape.

To prove a case of sexual battery, the prosecutor must establish the following elements:

1. The defendant touched the victim's intimate parts while the victim was restrained by the defendant or another person. The touching may occur through direct contact to the victim's skin or indirect contact through the victim's clothing.
2. The touching was against the victim's will. The prosecutor must establish that the victim did not consent to the contact.
3. The defendant intended to engage in the unwanted touching for the purpose of sexual gratification, sexual arousal, or sexual abuse. If the defendant touched the victim for a non-sexual purpose, such as a medical professional conducting an examination, it might be more difficult for the prosecutor to establish the required elements for a successful case.

California Sexual Assault Laws: An Overview

For more information on specific California sexual assault laws, see the chart below.

California Code, Penal Code - PEN § 243.4

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CAL. PENAL CODE § 273.5 (2016): WILLFUL INFLICTION OF CORPORAL INJURY; VIOLATION;
PUNISHMENT
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a
victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be
punished by imprisonment in the state prison for two, three, or four years, or in a county jail for
not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine
and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender's spouse or former spouse.
(2) The offender's cohabitant or former cohabitant.
(3) The offender's fiancé or fiancée, or someone with whom the offender has, or previously had,
an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section
243.
(4) The mother or father of the offender's child.
(c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is
not necessary to constitute cohabitation as the term is used in this section.
(d) As used in this section, “traumatic condition” means a condition of the body, such as a
wound, or external or internal injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.
For purposes of this section, “strangulation” and “suffocation” include impeding the normal
breathing or circulation of the blood of a person by applying pressure on the throat or neck.
(e) For the purpose of this section, a person shall be considered the father or mother of another
person's child if the alleged male parent is presumed the natural father under Sections 7611 and
7612 of the Family Code.
(f)(1) Any person convicted of violating this section for acts occurring within seven years of a
previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both
imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven years of a
previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail for not more than one year, or by
a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.
(g) If probation is granted to any person convicted under subdivision (a), the court shall impose
probation consistent with the provisions of Section 1203.097.
(h) If probation is granted, or the execution or imposition of a sentence is suspended, for any
defendant convicted under subdivision (a) who has been convicted of any prior offense specified
in subdivision (f), the court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years for a
violation of any offense specified in subdivision (f), it shall be a condition thereof, in addition to
the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for
not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous seven years
for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in
addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a
county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory imprisonment
required by this subdivision shall not be imposed and shall state on the record its reasons for
finding good cause.
(i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of
probation may include, consistent with the terms of probation imposed pursuant to Section
1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's shelter, up to a maximum of five
thousand dollars ($5,000), pursuant to Section 1203.097.

(2)(A) That the defendant reimburse the victim for reasonable costs of counseling and other
reasonable expenses that the court finds are the direct result of the defendant's offense.
(B) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution
as a condition of probation under this subdivision, the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make payments to a battered women's
shelter be made if it would impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of this section, the community property
may not be used to discharge the liability of the offending spouse for restitution to the injured
spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section
1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is exhausted.
(j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an
order restraining the defendant from any contact with the victim, which may be valid for up to
10 years, as determined by the court. It is the intent of the Legislature that the length of any
restraining order be based upon the seriousness of the facts before the court, the probability of
future violations, and the safety of the victim and his or her immediate family. This protective
order may be issued by the court whether the defendant is sentenced to state prison, county
jail, or if imposition of sentence is suspended and the defendant is placed on probation.
(k) If a peace officer makes an arrest for a violation of this section, the peace officer is not
required to inform the victim of his or her right to make a citizen's arrest pursuant to subdivision
(b) of Section 836.
CREDIT(S)
(Added by Stats.1977, c. 912, p. 2786, § 3. Amended by Stats.1980, c. 1117, p. 3589, § 3; Stats.1985, c. 563, § 1;
Stats.1987, c. 415, § 2; Stats.1988, c. 576, § 1, eff. Aug. 26, 1988; Stats.1990, c. 680 (A.B.2632), § 1; Stats.1992, c. 163
(A.B.2641), § 104; Stats.1992, c. 183 (S.B.1545), § 1; Stats.1992, c. 184 (A.B.2439), § 3; Stats.1993, c. 219 (A.B.1500), §
216.4; Stats.1993-94, 1st Ex.Sess., c. 28 (A.B.93), § 2, eff. Nov. 30, 1994; Stats.1996, c. 1075 (S.B.1444), § 15;
Stats.1996, c. 1077 (A.B.2898), § 16; Stats.1999, c. 660 (S.B.563), § 2; Stats.1999, c. 662 (S.B.218), § 9.5; Stats.2000, c.
287 (S.B.1955), § 5; Stats.2003, c. 262 (A.B.134), § 1; Stats.2007, c. 582 (A.B.289), § 1; Stats.2011, c. 129 (S.B.430), § 2;
Stats.2014, c. 867 (S.B.1144), § 16; Stats.2013, c. 763 (A.B.16), § 1.)

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Penal Code 273.5 makes it illegal to inflict a “corporal injury” that results in even a slight physical injury to an intimate partner. PC 273.5 is a felony. Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison and/or up to $10,000 in fines.

For purposes of criminal law

California law defines “domestic violence” as abuse against an “intimate partner.” An “intimate partner” is defined as:

• A current or former spouse,
• A current or former registered domestic partner,
• A current or former fiancé(e),
• A current or former live-in romantic partner (a “cohabitant”),
• A person with whom you have, or have had, a child, or
• Someone you are seriously dating or were in a dating relationship with in the past.

Common crimes of “domestic violence” in California include

• battery,
• abuse,
• threats, and
• neglect.

Some of these offenses are misdemeanors. Others are felonies.

Though most of these crimes are California “wobbler” offenses. A “wobbler” is a crime that can be charged as either a misdemeanor or a felony, depending on:

• The circumstances of the offense,
• The seriousness of the alleged victim’s injuries (if any), and
• Your criminal record (if any).

Some of the most common crimes of domestic violence are discussed in brief, below.

3.1. Penal Code 273.5, corporal injury to a spouse or inhabitant

Penal Code 273.5 makes it illegal to inflict a “corporal injury” that results in even a slight physical injury to an intimate partner.

PC 273.5 is a felony. Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison and/or up to $10,000 in fines.

3.2. Penal Code 243(e)(1), domestic battery

Penal Code 243(e)(1) – California’s domestic battery law — makes it a misdemeanor to inflict force or physical violence on an intimate partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.

Domestic battery is a misdemeanor. Punishment can include a

• fine of up to $2,000, and/or
• up to one (1) year in county jail.

If domestic battery causes a serious injury, it becomes a felony. Under Penal Code 672, this carries up to four (4) years in state prison and/or up to $10,000 in fines.

One type of domestic abuse is always a felony in California: Corporal injury to a spouse or inhabitant (PC 273.5).

The following domestic abuse-related offenses can be felonies or misdemeanors depending on the case. These “wobbler” offenses include:

• Child abuse (PC 273d)
• Child endangerment (PC 273a)
• Elder abuse (PC 368)
• Criminal threats (PC 422)
• Stalking (PC 646.9)
• Damaging a phone line (PC 591)
• Aggravated trespass (PC 601)

Legal References
California Penal Code 13700(b):
“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.

See also PC 13730. See, for example, People v. Cabrera (Court of Appeal of California, Fourth Appellate District, Division One, 2007) 152 Cal. App. 4th 695; People v. James (Court of Appeal of California, Fifth Appellate District, 2010) 191 Cal. App. 4th 478; People v. Gobert (Court of Appeal of California, Fourth Appellate District, Division One, 2023) 89 Cal. App. 5th 676.

Penal Code 13700(a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. See also People v. Hoover (Court of Appeal of California, Fourth Appellate District, Division Two, 2000) 77 Cal.App.4th 1020; People v. Truong (Court of Appeal of California, First Appellate District, Division Two, 2001) 90 Cal. App. 4th 887.
California Family Code 297.5 (a):
“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”

California Penal Code 13700(b), endnote

Family Code 6211(e).
Family Code 6211(f).
Penal Code 17(b) PC.
Penal Code 273a(a). See also People v. Rodriquez (Court of Appeal of California, First Appellate District, Division Four, 2022) 79 Cal. App. 5th 637.
Penal Code 1203.097(5). See also Welfare and Institutions Code 18304.
Penal Code 1203.097(6).
Such crimes include PC 273.5 PC, corporal injury; PC 243(e)(1), domestic battery; PC 243.4, sexual battery; PC 422, criminal threats; PC 646.9, stalking; and PC 273.6, violation of a protective order.
18 USC 922(g).
Same.
Same.
See, for example, California Code of Civil Procedure 527.6 CCP. See also People v. Jungers (Court of Appeal of California, Fourth Appellate District, Division One, 2005) 127 Cal. App. 4th 698.
Same.
California Penal Code section 273.6 PC.
Immigration & Nationality Act (“INA”) 237(a)(2)(A)(I), codified at 8 USC 1227 (a)(2)(A)(I).
INA 212 (a)(2)(A)(i)(I), 8 USC 1182 (a)(2)(A)(i)(I).

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Sexually Oriented Business Laws are handled at the City/Town/County level, however they are all modeled from the same sample laws. City councils, County Commissions, and Boards of Supervisors have taken legislative notice and modeled their statutes on the original cities using the fallacious and anecdotal Report: The Attorney General's Commission on Pornography (Sometimes referred to as the Meese Report from the Meese Commission on Pornography) that substantiated the adverse secondary effects of pornography and what they then titled "Sexually Oriented Businesses":

1) Garden Grove, California, 1991;

2) city of Austin, Texas, May 1986;

3) city of Los Angeles, California, June 1977;

4) city of St. Paul, Minnesota, 1987, and supp., 1988; and

5) "Final Report Of The Attorney General's Commission On Pornography", 1986.

An Example from Cerritos, CA is below:

Chapter 22.45
SEXUALLY ORIENTED BUSINESS REGULATIONS

Sections:

22.45.010    Purpose and intent.

22.45.020    Definitions.

22.45.030    Location standards.

22.45.040    Requirements for conditional use permit.

22.45.050    Time limits for action on conditional use permit.

22.45.060    Suspension and revocation of a conditional use permit.

22.45.070    Sexually oriented business license required.

22.45.080    Sexually oriented business performer license required.

22.45.090    Action on license—Appeal.

22.45.100    Inspection.

22.45.110    Expiration of license.

22.45.120    Suspension or revocation of license.

22.45.130    Appeal of denial, suspension or revocation.

22.45.140    Non transferability of sexually oriented business license or performer license.

22.45.150    Business records.

22.45.160    Provisions nonexclusive.

22.45.170    Violations—Penalties.

22.45.180    Nonconforming uses.

22.45.190    Immunity from prosecution.

22.45.200    Public nuisance.

22.45.210    Conflicting ordinances.

22.45.220    Severability.

22.45.010 Purpose and intent.

It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city of Cerritos and to establish reasonable and uniform regulations to prevent any deleterious location of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of, or access to, any communicative materials, as provided by the First Amendment of the United States Constitution, including sexually oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 769A § 1 (part), 1996)

22.45.020 Definitions.

The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

(1) “Employee” means any person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

(2) “Establishment of sexually oriented business” includes any of the following:

(a) The opening or commencement of any such business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined herein;

(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or

(d) The relocation of any such sexually oriented business.

(3) “Lingerie modeling business” means an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by adults.

(4) “Massage parlor” means any place where, for any form of consideration or gratuity, massage or any other manipulation of the human body which regularly occurs as a part of or in connection with specified sexual activities, or where any person providing such manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

(5) “Modeling studio” means any establishment which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio does not include schools maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

(6) “Nude, nudity or state of nudity” includes the following:

(a) The appearance of human buttocks, pubic area, anus, male genitals, female genitals, or the areola and nipple of the female breast; or

(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

(7) “Operator” means any person in charge of any permitted or licensed premises.

(8) “Performer” means any person who performs live entertainment for patrons of a sexually oriented business.

(9) “Permitted or licensed premises” means any establishment that requires a license and/or permit and that is classified as a sexually oriented business.

(10) “Permittee and/or licensee” means any person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual(s) listed as an applicant(s) on the application for a permit and/or license.

(11) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(12) “Police department” means the law enforcement agency of the city.

(13) “Public park” means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other public agency.

(14) “Religious institution” means an establishment which is used primarily for religious services and related religious activities.

(15) “School” means any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college or university.

(16) “Sexual encounter establishment” means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration as a regular and substantial course of conduct, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

(17) “Sexually oriented arcade” means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, video projectors, or other similar forms of machine or technology, for the viewing by five or fewer persons each, which, as a regular and substantial course of conduct are used to show films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specific anatomical areas.

(18) “Sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store” means an establishment which has as a regular and substantial portion of its business and offers for sale, rent or viewing for any form of consideration any one or more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, with the exception of birth control devices.

(19) “Sexually oriented business” means an establishment or concern which as a regular and substantial course of conduct performs or operates, for any form of consideration, as a sexually oriented arcade, sexual encounter establishment, sexually oriented bookstore, sexually oriented novelty store, sexually oriented tanning salon, massage parlor, sexually oriented cabaret, sexually oriented video store, sexually oriented theater, sexually oriented motion picture theater, sexually oriented motel/hotel, modeling studio, lingerie modeling, or any other business or concern which as a regular and substantial portion of its business offers, for any form of consideration, to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, but not including those uses or activities the regulation of which is preempted by state law.

(20) “Sexually oriented cabaret” means an establishment which serves food or beverages and which as a regular and substantial course of conduct features live performances, for any form of consideration, which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(21) “Sexually oriented hotel/motel” means a hotel or motel or similar establishment offering public accommodations for any form of consideration which:

(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or

(b) Rents, leases, or lets any single guest room for less than a ten-hour period, or rents, leases or lets any single guest room more than twice in a twenty-four-hour period; or

(c) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(22) “Sexually oriented motion picture theater” means an establishment which as a regular and substantial course of conduct offers to show, for any form of consideration, films, motion pictures, videos, slides or similar photographic or electronic reproductions, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(23) “Sexually oriented tanning salon” means an establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Sexually oriented tanning salon shall also include a business establishment where a patron and employee of the establishment are nude or expose specified anatomical areas. A sexually oriented tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.

(24) “Sexually oriented theater” means an establishment which as a regular and substantial course of conduct features, for any form of consideration, live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(25) “Specified anatomical areas” includes any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or the areola and nipple of female breasts;

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(26) “Specified sexual activities” includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

(c) Masturbation, actual or simulated; or

(d) Excretory functions as part of or in connection with any of the activities described in subsections (26)(a) through (c) this section.

(27) Regular and Substantial Course of Conduct and/or Regular and Substantial Portion of its Business. Any business shall be considered a sexually oriented business where any of the following conditions exist:

(a) At least twenty percent of the stock-in-trade or total display area is devoted to sexually oriented materials (except for mail order businesses or wholesale businesses with no patrons in the premises); or

(b) The business or concern presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activity or specified anatomical areas on any four or more separate days within any thirty-day period; or

(c) At least twenty-five percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials, or entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas.

(28) “Substantially enlarged” means the increase in floor area occupied by the business by more than ten percent of its floor area as it exists on the effective date of the ordinance codified in this chapter.

(29) “Transfer of ownership or control of a sexually oriented business” includes any of the following:

(a) The sale, lease or sublease of the business;

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;

(c) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 769A § 1 (part), 1996)

22.45.030 Location standards.

(1) Subject to the provisions of this chapter, sexually oriented businesses shall be permitted only in the industrial commercial-two (MC-2) zone provided:

(a) Each such sexually oriented business shall, prior to commencement or continuation of such business, first apply for and receive approval from the city council, after recommendation from the planning commission, for a conditional use permit.

(b) Each such sexually oriented business must, prior to commencement or continuation of such business, first apply for and receive a sexually oriented business license.

(c) The city council shall issue such conditional use permit if that body finds that the proposed facility or use complies with the regulations specified in this chapter.

(d) Each such use must comply with all applicable development and design regulations of the MC-2 zone.

(2) A sexually oriented business shall not be established nor located within three hundred feet of a freeway or a major arterial street. The distance shall be measured from the edge of the freeway or major arterial street right-of-way.

(3) Except as provided in Section 22.45.030(4), a sexually oriented business shall not be established nor located within five hundred feet of the following:

(a) Any county or city residential zone;

(b) Any parcel with a residential use;

(c) Any religious institution or property zoned, planned or otherwise designated for such use by city action;

(d) Any school, public park or property zoned, planned or otherwise designated for such use by city action;

(e) Any boys club, girls club, or similar youth organization.

The uses and zones set forth herein shall be collectively known as “impacted uses.”

(4) A sexually oriented business may be established or located within five hundred feet, but no closer than one hundred fifty feet, of the impacted uses providing one or more of the following conditions exist:

(a) The impacted uses are separated from the sexually oriented business by a flood control channel at least one hundred fifty feet in width and the sexually oriented business does not face the impacted uses.

(b) The impacted uses are separated from the sexually oriented business by a utility easement or utility right-of-way at least fifty feet in width and the sexually oriented business does not face the impacted uses.

(5) For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structures in which the sexually oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (3) of this section. (Ord. 769A § 1 (part), 1996)

22.45.040 Requirements for conditional use permit.

A conditional use permit shall be granted pursuant to the following requirements and conditions:

(1) Fire Standards. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city of Cerritos.

(2) Operations. No sexually oriented business shall be operated in any manner that permits the observation of any material or activity depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(3) Lighting in Parking Lots and Walkways. Lighting shall be required which is designed to illuminate all off-street parking areas and on-site walkways serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism, theft and other criminal activity. Said lighting shall be a minimum of 2.0 footcandles and shall be shown on the required plot plans and shall be reviewed and approved by the department of community development.

(4) Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the city of Cerritos.

(5) Sexually Oriented Arcades. A person who operates or causes to be operated a sexually oriented arcade shall comply with the following requirements:

(a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which this license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram shall be oriented to the north and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director of community development may waive the foregoing diagram for business license renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(b) No alteration in the configuration of a manager’s station may be made without the approval of the director of community development.

(c) It is the duty of the owners and operators of the premises to insure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.

(d) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station, unaided by mirrors, video, closed circuit cameras or any other means.

(e) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection (5)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the business license application.

(f) It is unlawful to maintain, operate or manage or to permit to be maintained, operated, or managed any sexually oriented arcade in which the arcade viewing areas are obscured by a curtain, door, wall, or other enclosure or are not visible from a continuous main aisle. For purposes of this subsection, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show, film, video or electronic transmission.

(g) It is unlawful for more than one person at a time to occupy any individually partitioned arcade viewing area or booth.

(h) It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual arcade viewing areas or between a booth and a rest room or a viewing area and a rest room for the purpose of providing viewing or physical access between the booth or individual arcade viewing area, or a rest room.

(i) The floors, seats, walls and other interior portions of all booths or viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths or viewing areas shall be evidence of improper maintenance and inadequate sanitary control; repeated instances of such conditions may justify suspension or revocation of the permit to conduct the sexually oriented business.

(6) Signs. All on-site signage shall conform to the relevant provisions of Chapter 22.48 of this code and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.

(7) Sale/Serving of Alcohol. No sexually oriented business shall permit the sale, service or consumption of alcohol within said business.

(8) Age Restrictions. All entrances to a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises. It is unlawful to permit patrons or employees under the age of eighteen in the portion of a structure occupied by a sexually oriented business, including sexually oriented arcades, sexually oriented bookstores, sexually oriented cabarets, sexually oriented motels, sexually oriented motion picture theaters, sexually oriented theaters, lingerie modeling businesses, or sexual encounter establishments, except as permitted under Section 313.2 of the California Penal Code, as amended.

(9) Time of Operation. No sexually oriented business shall be open or operating during the hours from twelve midnight to eight a.m.

(10) Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage, not less than six feet above the ground.

(11) Live Entertainment. The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(a) No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by a performer.

(b) The sexually oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers’ use.

(c) The sexually oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

(d) The sexually oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum four-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

(e) No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.

(f) Fixed rail(s) at lease thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(g) No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.

(12) Rest Rooms. Rest room facilities shall not be used for activities in violation of the California Penal Code, including Section 647. Separate rest room facilities shall be provided for male and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room for females, and female patrons and employees shall be prohibited from using the rest rooms for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities or as otherwise required by law. The rest room shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as a sexually oriented bookstore or sexually oriented video store, and which does not provide rest room facilities to its patrons or the general public.

(13) Security Guards. Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(a) Sexually oriented business featuring live entertainment that has an occupancy limit of thirty-five persons or less shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons and less than seventy persons, two security guards shall be provided. If the occupancy limit is seventy persons or greater, the number of security guards required on the premises while the business is open shall be determined by the director of community development.

(b) Security guards for other sexually oriented businesses may be required if it is determined by the director of community development that their presence is necessary in order to prevent any of the conduct listed in Section 22.45.120(2)(f) from occurring on the premises.

(c) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager’s station while acting as a security guard.

(14) Interior Lighting. All interior areas open to the patrons of the sexually oriented business shall be illuminated at a minimum of twenty footcandles, except sexually oriented cabarets and sexually oriented theaters shall be allowed to maintain a minimum 1.25 footcandle illumination during performances.

(15) Number of Businesses. No building, structure, or other facility shall be permitted to contain more than one type of sexually oriented business, as such types of sexually oriented business are defined in this chapter. For the purposes of this section, the phrase “sexually oriented business” shall not be considered a single type of sexually oriented business.

(16) Nudity Prohibited. No owner or other person with control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or anus region with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. The sole remedy for violation of this subsection is revocation of the sexually oriented business conditional use permit.

(17) Special Events. The sexually oriented business shall not conduct, sponsor or stage any special events, promotions, festivals, concerts, or similar events or activities which would create a demand for parking spaces beyond the approved number of spaces required for the particular use or which would increase occupancy beyond the maximum building occupancy as determined by the fire marshal, as required by law.

(18) Material Harmful to Minors. The permittee or operator shall maintain the grounds within one hundred feet of the premises of the sexually oriented business free from all materials harmful to minors, including but not limited to wrappers, covers, labels, packaging, bags and magazines.

The foregoing applicable requirements of this section shall be deemed conditions of a sexually oriented business conditional use permit, and failure to comply with every such requirement shall be grounds for suspension or revocation of the conditional use permit issued pursuant to these regulations. (Ord. 769A § 1 (part), 1996)

22.45.050 Time limits for action on conditional use permit.

Final action of approval or denial by the city council shall be taken within sixty days from filing a complete application for a conditional use permit with the department of community development. If the city council fails to act within sixty days, the application shall be deemed approved if the sexually oriented business satisfies all the criteria in this chapter and shall be subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)

22.45.060 Suspension and revocation of a conditional use permit.

The city council may suspend or revoke any conditional use permit if it is found that any of the following conditions exist:

(1) Any material violation of the regulations in this chapter;

(2) The operation conducted by the permittee does not comply with all state or city building, health, zoning or fire regulations;

(3) The approved use has been substantially enlarged without city approval;

(4) The approved use has been partially or wholly converted to another sexually oriented business without city approval;

(5) The conditional use permit has not been utilized within six months of its issuance;

(6) The conditional use permit has been discontinued for one hundred twenty consecutive days or a minimum of one hundred eighty days within any twelve-month period;

(7) A sexually oriented business is added in violation of Section 22.45.040(15); or

(8) The sexually oriented business license has been suspended or revoked. (Ord. 769A § 1 (part), 1996)

22.45.070 Sexually oriented business license required.

An applicant for the operation of a sexually oriented business shall apply for and submit a completed application for a sexually oriented business license at the same time the applicant applies for and submits a conditional use permit application. The sexually oriented business shall not be permitted to commence or continue business without the required valid permits and licenses. Such sexually oriented business license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. The license obtained is nontransferable and a new license must be obtained if the business is leased, sold or otherwise transferred for any reason.

(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:

(a) The legal name, aliases and residential address (other than post office box) of applicant;

(b) The complete name and business address of the applicant.

(i) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation is in good standing under the laws of the state of California. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process;

(ii) If the applicant is a partnership, whether the partnership is general or limited, the application shall show the name and residence address of each of the partners and a copy of the partnership agreement, if any;

(iii) If the sexually oriented business is owned or operated by an individual, he/she must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by a corporation, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant;

(c) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must:

(i) State the sexually oriented business’s fictitious name; and

(ii) Submit the required registration documents;

(d) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department and a two-inch by two-inch (minimum size) portrait photograph, taken within the sixty days immediately prior to the date the application is filed, of the applicant(s). Any fees for the fingerprints and photographs shall be paid by the applicants;

(e) The applicant’s drivers license number, Social Security number and his/her state or federally issued tax identification number;

(f) Whether the applicant or any of the other individuals listed pursuant to Section 22.45.070 of this chapter has, within the two-year or five-year period as specified in subsection (3)(h) of this section immediately preceding the date of the application, been convicted of a “specified criminal act,” and, if so, the “specified criminal act” involved, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction;

(g) A detailed description of the operation, type, and services or entertainment to be provided by the sexually oriented business and the number of persons engaged in the business;

(h) Hours of operation;

(i) A location, address and floor plan indicating how the uses are proposed to be conducted within the building;

(j) The name or names of the person or persons having the management or supervision of applicant’s business at the location;

(k) A detailed security plan that describes measures that will be implemented to provide adequate security both within the interior and exterior premises of the business, specifically including, but not limited to, measures to comply with the requirements of Section 22.45.040 (13);

(l) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;

(m) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.

(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and the department of community development. The city shall promptly conduct an investigation of the applicant and the proposed sexually oriented business in accordance with its responsibilities under the law and as set forth in this chapter. Said investigation shall be completed within twenty working days of the receipt of the application by the city. At the conclusion of the investigation the results shall be indicated on the photocopy of the application, dated, signed and returned to the city business license division.

(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:

(a) That the building, structure, equipment and location used by the business for which a license is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city of Cerritos;

(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;

(c) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has had any type of sexually oriented business license revoked by any public entity within two years of the date of the application;

(d) That a conditional use permit has been revoked or denied for the use;

(e) That an applicant is under eighteen years of age;

(f) An applicant is overdue in payment to the city of Cerritos of fees owed by the applicant in relation to the sexually oriented business, which is the subject of the application;

(g) The application or license fee required by this chapter has not been paid; or

(h) An applicant has been convicted of a “specified criminal act” for which:

(i) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(ii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(iii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for “specified criminal” acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; and the offenses occurred within any twenty-four-month period;

(iv) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

(v) An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required in subsection (3)(h) of this section has elapsed.

(4) The annual fee for a sexually oriented business license shall be in an amount determined by city council resolution.

(5) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of the change, by supplementing the application on file with the director of community development, shall be grounds for suspension of the license.

(6) The fact that an applicant(s) possesses other types of state or city permits and/or licenses does not exempt the applicant(s) from the requirement of obtaining a sexually oriented business permit. (Ord. 769A § 1 (part), 1996)

22.45.080 Sexually oriented business performer license required.

An applicant for a sexually oriented business performer license shall apply for a sexually oriented business performer license after a conditional use permit is approved by the city council for the sexually oriented business at which the applicant will perform. The sexually oriented business performer shall not be permitted to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business until the performer license is issued. Such sexually oriented business performer license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. All persons who have been issued a sexually oriented business license shall promptly supplement the information provided as part of the application for the license required in Section 22.45.070, with the names of all performers required to obtain a sexually oriented business performer license, within thirty days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually oriented business license.

(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:

(a) The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

(b) Age, date and place of birth;

(c) Present residence address and telephone number;

(d) State driver’s license or identification number;

(e) Satisfactory written proof that the applicant is at least eighteen years of age;

(f) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department, and a color portrait photograph, minimum size of two inches by two inches, taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(g) A statement detailing the sexually oriented business performer license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, or state, has ever had such a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension;

(h) Whether the applicant has been convicted of a “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction;

(i) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed;

(j) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;

(k) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.

(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application.

(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:

(a) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;

(b) The applicant has had any type of sexually oriented business license or sexually oriented business performer license revoked by any public entity within two years of the date of the application;

(c) The sexually oriented business performer license is to be used for performing in a sexually oriented business prohibited by state or city law;

(d) The applicant is under eighteen years of age; or

(e) That the applicant has been convicted of any “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter.

(4) The annual fee for the sexually oriented business performer license shall be in an amount determined by city council resolution. (Ord. 769A § 1 (part), 1996)

22.45.090 Action on license—Appeal.

The report of the police department and the director of community development regarding a license application shall be issued within twenty working days of filing a complete application. The decision of the city business license division shall be within five days of receiving the reports. Any decision of the city business license division may be appealed to the city council within ten days of the decision. Any appeal shall be scheduled for a hearing before the city council within thirty days of its filing and the city council shall make a determination within forty-five days from the filing of the appeal. If the city fails to complete its reports and render its decision on the license or fails to schedule an appeal hearing and render its appeal determination within the time periods set forth herein, the license shall issue automatically, subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)

22.45.100 Inspection.

An applicant or licensee shall permit representatives of the police department, health department, fire department, code enforcement, department of community development, or other city departments or agencies to inspect the premises of a sexually oriented business on an unscheduled basis, for the purpose of assuring compliance with the law, at any time it is occupied or opened for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. (Ord. 769A § 1 (part), 1996)

22.45.110 Expiration of license.

(1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

(2) When the city business license division denies renewal of the license, the applicant shall not be issued a license under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final. (Ord. 769A § 1 (part), 1996)

22.45.120 Suspension or revocation of license.

A sexually oriented business license or a sexually oriented business performer license may be suspended or revoked in accordance with the procedures and standards of this section.

(1) On determining that grounds for license suspension or revocation exist, the director of community development shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of the hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, certified mail return receipt requested, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the director of community development, but at a minimum shall include the following:

(a) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

(b) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(2) After an investigation, notice and hearing, the director of community development may suspend or revoke an existing sexually oriented business performer license or sexually oriented business license, if based upon the evidence it is found that one or more of the following conditions exist:

(a) The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the state of California, or of the ordinances of the city of Cerritos. In the event of such statute, code, ordinance or regulation violation, the city, or its designee, shall allow the licensee a seven-working-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-working-day period, the city, or its designee, shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the violation has been corrected;

(b) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material facts in the application for a license, or in any report or record required to be filed with the police department, or other department of the city;

(c) The licensee has had any type of sexually oriented business license revoked by any public entity within two years of the date the license was issued;

(d) The licensee is convicted of tax violations for any taxes or fees related to a sexually oriented business;

(e) The licensee, manager or any agent or employee of the licensee or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject sexually oriented business or of any sex-related crime after the date of issuance of the sexually oriented business license for said business;

(f) A sexually oriented business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred;

(g) The subject sexually oriented business has employed minors;

(h) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this chapter;

(i) The licensee, manager or any agent or employee of the licensee or manager refused to allow the lawful inspection of the premises pursuant to Section 22.45.100;

(j) The conditional use permit for the use has been suspended or revoked; or

(k) Failure to abide by a disciplinary action previously imposed by a city official.

(3) After holding the hearing in accordance with the provisions of this section, if the director of community development finds and determines that there are grounds for disciplinary action, based on the severity of the violation, the director of community development shall impose one of the following:

(a) A warning;

(b) Suspension of the license for a specified period not to exceed six months;

(c) Revocation of the license.

(4) Once a license is revoked, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business or performer license for one year from the date the revocation became effective. If, subsequent to revocation, the director of community development finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date revocation became effective. If the license was revoked under Section 22.45.070(3)(h) of this chapter, an applicant may not be granted another license until the number of years required under Section 22.45.070(3)(h) have elapsed. (Ord. 769A § 1 (part), 1996)

22.45.130 Appeal of denial, suspension or revocation.

After denial of an application for a sexually oriented business license or a sexually oriented business performer license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council. If the denial, suspension, or revocation is affirmed on review, the applicant/licensee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 The city shall make all reasonable efforts to expedite judicial review, if sought by licensee. (Ord. 769A § 1 (part), 1996)

22.45.140 Nontransferability of sexually oriented business license or performer license.

A licensee shall not transfer a sexually oriented business license or a sexually oriented business performer license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. Any sexually oriented business license or sexually oriented business performer license which is transferred to another person or to another location shall immediately become null and void. (Ord. 769A § 1 (part), 1996)

22.45.150 Business records.

If the department of community development believes that a regular and substantial portion of a business operating within the city has the characteristics of a sexually oriented business, then the department of community development may require that the business make available for review by the authorized representative of the city, at reasonable times and places, complete records of the business’ transactions, including its sales, receipts, purchases and other expenditures. In the event such records cannot be made available within the city of Cerritos or within a distance of fifty miles therefrom, the operator of the business is hereby required to reimburse the city for the cost of all transportation, lodging, meals, portal to portal travel time and other incidental costs reasonably incurred by the city in performing said audit. (Ord. 769A § 1 (part), 1996)

22.45.160 Provisions nonexclusive.

The provisions set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances or regulations pertaining to the operation of sexually oriented businesses as adopted by the city council of the city of Cerritos. (Ord. 769A § 1 (part), 1996)

22.45.170 Violations—Penalties.

(1) Except for the provisions of Section 22.45.040 (16), any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(2) Nothing herein shall prevent or restrict the city from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually oriented business.

(3) Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of Cerritos.

(4) Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(5) Chapter 22.45 of the Cerritos Municipal Code requires that sexually oriented businesses shall only be permitted as provided in Sections 22.45.030 and 22.45.040 of this chapter. Licenses for sexually oriented businesses and sexually oriented business performers shall be required and governed by the regulations contained in Sections 22.45.070 and 22.45.080 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:

(a) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business except as provided in Sections 22.45.030 and 22.45.040 of this chapter.

(b) A person commits a misdemeanor if he/she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof or causes substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(c) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

(d) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances of “specified sexual activities” or “specified anatomical areas” at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

(e) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of twelve midnight and eight a.m. of any particular day.

(f) A person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service, between the hours of twelve midnight and eight a.m. of any particular day.

(g) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and said person knows that or should know that:

(i) The business does not have a sexually oriented business license under this chapter for any applicable classification;

(ii) The business has a permit which is under suspension;

(iii) The business has a permit which has been revoked; or

(iv) The business has a permit which has expired.

(h) It is a defense to the prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:

(i) By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation;

(ii) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(iii) In a structure (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; (B) where, in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time.

(i) It is a defense to the prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a rest room, or during the employee’s bona fide use of a dressing room which is accessible only to employees. (Ord. 769A § 1 (part), 1996)

22.45.180 Nonconforming uses.

(1) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use.

(a) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter which becomes nonconforming due to the regulations contained in Chapter 22.45 shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, no later than one year from the effective date of the ordinance codified in this chapter.

(b) Possible extension of one additional year may be granted by the planning commission by showing extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more.

(c) An application for review of the termination schedule for a nonconforming sexually oriented business prescribed in this chapter may be approved by the planning commission. In considering an application for review of the termination schedules for a sexually oriented business, which is nonconforming due to either the locational or development standards, the planning commission shall also use the following criteria in making a determination:

(i) The owner’s financial investment in the business prior to the effective date of the ordinance codified in this chapter;

(ii) The present actual and depreciated value of the business improvements;

(iii) The applicable federal tax depreciation schedule for such improvements;

(iv) The remaining useful life of the business improvements;

(v) The extent to which the business fails to comply with all the applicable requirements of this chapter;

(vi) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;

(vii) The remaining term of any lease or rental agreement under which the business is operating;

(viii) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;

(ix) Whether the business must be discontinued at the present location or in order to comply with the requirements of this chapter and, if such relocation is required:

(A) The availability of relocation sites, and

(B) The cost of such relocation;

(x) The ability of the owner to change the business to a conforming use.

(2) Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(3) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential zone, or residential use within five hundred feet of the sexually oriented business. This provision does not apply when an application for a license is submitted after a license has expired or has been revoked.

(4) Any establishment subject to the provisions of this section shall apply for the license provided for by Sections 22.45.070 and 22.45.080 within thirty days from the date the establishment becomes nonconforming. Any establishment shall comply with the regulations pertaining to Section 22.45.040 within sixty days from the date the establishment becomes nonconforming. (Ord. 769A § 1 (part), 1996)

22.45.190 Immunity from prosecution.

The city and its designee, the police department and all other departments and agencies and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 769A § 1 (part), 1996)

22.45.200 Public nuisance.

In addition to the penalties set forth at Section 22.45.170 of this chapter, any sexually oriented business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 769A § 1 (part), 1996)

22.45.210 Conflicting ordinances.

If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply. (Ord. 769A § 1 (part), 1996)

22.45.220 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 769A § 1 (part), 1996)

If you have more information or would like to help us add information, please use our Legislative Research Form

California law protects individuals from illegal discrimination by employers.  The law prohibits harassment of employees, applicants, unpaid interns, volunteers, and independent contractors by any person.

Some jurisdictions in California include provisions not related to employment.

The following classes are protected under California's anti-discrimination laws:

Age: It is unlawful for employers to discriminate against an employee or job applicant based on his or her age, as long as the person is over 40. This means that age cannot be used as a deciding factor in anything that has to do with hiring, firing, benefits, pay, job duties or training.

Disability: Employers cannot discriminate against someone for actual or perceived disabilities. These disabilities don't have to be visible or even of a physical nature for the person to be protected under California anti-discrimination laws. Disability discrimination attorneys fight vigorously for victims of such acts.

Pregnancy: It is against the law for employers to treat a person unfavorably because of pregnancy, childbirth or any other related medical condition. California enacted the Pregnancy Discrimination Act to prohibit employers from using pregnancy as a factor in employment decisions.

Race, color or ethnicity: Employers are prohibited from using a person's race, color or ethnicity in an employment decision. When employers become aware that such discrimination is occurring, they are required under the law to stop it and to make sure it does not happen in the future.

Religion: Employers are not allowed to use a person's religion to make an employment decision such as hiring, firing, promotions, training opportunities, etc. Employers are also required to provide reasonable accommodations for people to take time off for religious holidays as well as uniforms.

National origin: Employers are not allowed to treat employees unfavorably because of where they are from. A person's national origin may refer to a certain country or a certain region of the world such as the Middle East or Asia.

Sex: No employer is allowed to discriminate on the basis of sex, gender or sexual orientation when it comes to employment decisions, irrespective of whether they are interviewing job applications or determining which employees to lay off.

IF YOU HAVE MORE INFORMATION OR WOULD LIKE TO HELP US ADD INFORMATION, PLEASE USE OUR LEGISLATIVE RESEARCH FORM

CALIFORNIA ASSAULT AND BATTERY LAWS OVERVIEW

California's assault and battery laws can be found in Chapter 9 of the California Penal Code.

The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery. A prosecutor must show that the defendant intended to commit a battery and had the "present ability" to do so but does not need to show that physical contact actually happened.

Battery describes force or violence used against another person. A prosecutor must show that the defendant willfully made contact with another person. The Penal Code establishes varying degrees of severity for a battery. While Section 242 of the Penal Code sets the basic elements of a battery, a prosecutor can also use Section 243(d) when the victim suffered a "serious bodily injury." In addition, the Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, firefighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.

Summary of California Assault and Battery Laws Overview

Below you will find key provisions of California’s assault and battery laws.

Aggravated Assault and Battery

California state laws allow a prosecutor to pursue charges of aggravated assault or aggravated battery in the most serious cases. The prosecutor must show an "aggravating circumstance" to elevate the charges against the defendant. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault or aggravated battery. Another example of aggravated assault is assault with the intent to commit a felony such as murder or rape.

California Penal Code Section 243: (Battery on a Peace Officer): Up to three years county jail or state prison, fine up to $10,000, probation

CALIFORNIA CODE, PENAL CODE - PEN § 240

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

PART 1 - OF CRIMES AND PUNISHMENTS
TITLE 8 - OF CRIMES AGAINST THE PERSON
CHAPTER 9 - Assault and Battery
Section 241.
Universal Citation: CA Penal Code § 241 (2023)

241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(b) When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(c) When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.

(d) As used in this section, the following definitions apply:

(1) Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(2) “Emergency medical technician” means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(3) “Mobile intensive care paramedic” refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(4) “Nurse” means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.

(5) “Lifeguard” means a person who is:

(A) Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.

(B) Wearing distinctive clothing which includes written identification of the person’s status as a lifeguard and which clearly identifies the employing organization.

(6) “Process server” means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.

(7) “Traffic officer” means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.

(8) “Animal control officer” means any person employed by a county or city for purposes of enforcing animal control laws or regulations.

(9) (A) “Code enforcement officer” means any person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.

(B) “Code enforcement officer” also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).

(10) “Parking control officer” means any person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.

(11) “Search and rescue member” means any person who is part of an organized search and rescue team managed by a governmental agency.

(Amended by Stats. 2016, Ch. 86, Sec. 224. (SB 1171) Effective January 1, 2017.)

241.1. When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 289. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

TITLE 8 - OF CRIMES AGAINST THE PERSON
CHAPTER 9 - Assault and Battery
Section 241.2.
Universal Citation: CA Penal Code § 241.2 (2023)

241.2. (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(2) When a violation of this section is committed by a minor on school property, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling as deemed appropriate by the court at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.

(b) “School,” as used in this section, means any elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, technical school, or community college.

(c) “Park,” as used in this section, means any publicly maintained or operated park. It does not include any facility when used for professional sports or commercial events.

(Amended by Stats. 2001, Ch. 484, Sec. 2. Effective January 1, 2002.)

241.3. (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment.

(b) As used in this section, “public transportation provider” means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a schoolbus.

(c) As used in this section, “on the property of” means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system.

(Repealed and added by Stats. 1996, Ch. 423, Sec. 2. Effective January 1, 1997.)

241.4. An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When the assault is committed against the person of a peace officer engaged in the performance of his or her duties as a member of a police department of a school district pursuant to Section 38000 of the Education Code, and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 290. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

241.5. (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense knows or reasonably should know that the victim is a highway worker engaged in the performance of his or her duties, the offense shall be punishable by a fine not to exceed two thousand dollars ($2,000) or by imprisonment in a county jail up to one year or by both that fine and imprisonment.

(b) As used in this section, “highway worker” means an employee of the Department of Transportation, a contractor or employee of a contractor while working under contract with the Department of Transportation, an employee of a city, county, or city and county, a contractor or employee of a contractor while working under contract with a city, county, or city and county, or a volunteer as defined in Section 1720.4 of the Labor Code who does one or more of the following:

(1) Performs maintenance, repair, or construction of state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones.

(2) Operates equipment on state highway or local street or road infrastructures and associated rights-of-way in highway or local street or road work zones.

(3) Performs any related maintenance work, as required, on state highway or local street or road infrastructures in highway or local street or road work zones.

(Amended by Stats. 2009, Ch. 116, Sec. 1. (AB 561) Effective January 1, 2010.)

241.6. When an assault 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 the victim is a school employee, the assault 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.

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.

(Amended by Stats. 1993, Ch. 1257, Sec. 5. Effective January 1, 1994.)

241.7. Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after the conclusion of the trial, commits an assault against any juror or alternate juror who was selected and sworn in that legal action, shall be punished by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170.

(Amended by Stats. 2011, Ch. 15, Sec. 291. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

241.8. (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.

(b) “Because of” means that the bias motivation must be a cause in fact of the assault, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the assault.

(Added by Stats. 2003, Ch. 138, Sec. 1. Effective January 1, 2004.)

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243(d)

Under California Penal Code Section 243(d) PC, it is illegal to commit any battery that causes serious bodily injury to another. This offense is also referred to as aggravated battery.

To prove that a defendant is guilty of battery causing serious bodily injury, a prosecutor must be able to establish the following elements:

The defendant willfully touched another in a harmful or offensive manner.
The victim suffered serious bodily injury as a result of the force used.
AND the defendant did not act in self defense , defense of others or while reasonably disciplining a child.
A serious bodily injury means a serious impairment of one's physical condition. Such injuries may include loss of consciousness, concussion, bone fractures, impairment of an organ or body part or a wound that requires extensive stitches.

In past California criminal cases, courts have found the following physical conditions to constitute serious bodily injuries:

• a lost tooth up to its root,
• a loss of consciousness,
• a cut under the eye requiring eight stitches,
• a broken tooth, wounds on eyebrow, and lips requiring sutures, and
• bone fractures, broken bones, or serious disfigurement.

Penal Code 243(f)(4) “Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement

Penal Code 243(f)(5) "“Injury” means any physical injury which requires professional medical treatment."

WHAT IS CONSIDERED A SERIOUS BODILY INJURY IN CALIFORNIA? By Eisner Gorin LLP

The primary factor in a Penal Code 243(d) aggravated battery case is whether the victim's injuries qualify as a “serious bodily injury.”

A serious bodily injury is described as any serious impairment to the victim's physical health, but it's not required they receive medical treatment.

There are many types of injuries that can qualify as serious, including:

• Broken bones
• Fractures
• Unconsciousness
• Concussion
• Impairment of organ function
• Wounds requiring stitches

It should be noted this is not a complete list of serious injuries.

Whether or not a victim's injuries are “serious” under the context of Penal Code 243(d) PC is a fact-intensive question that has to be evaluated on a case-by-case basis.

This means the final decision of whether it's a “serious” injury has to be decided by the jury at trial. There are PC 243(d) cases with no broken bones or loss of consciousness where the jury has returned a “guilty” verdict based on a finding that serious bodily injury did occur.

On the flip side, there have been aggravated battery cases where the victim's injuries seemed serious, like a large cut requiring several stitches, but the jury returned a “not guilty” verdict because they didn't believe there was sufficient evidence of a serious bodily injury.

WHAT IS A GREAT BODILY INJURY ENHANCEMENT?

If you were charged with a felony case of PC 243(d) aggravated battery, the case will become more complicated if it's alleged the victim sustained a great bodily injury (GBI).

A great bodily injury is separate and distinct from a serious bodily injury. A GBI is generally described as:

• A significant or substantial physical injury

A “serious” bodily injury is a lesser standard than a GBI and not all cases of battery causing serious bodily injury will be rise to the level of a great bodily injury.

Whether the PC 243(d) aggravated battery case involved a great bodily injury is yet another fact-based determination that a jury will have to decide at trial.

The GBI sentencing enhancement under California Penal Code 12022.7 PC means you could be facing additional time in jail.

If the jury decides the injuries suffered by the victim rose to the level of a great bodily injury, then you could face an additional three to six years in a California state prison.

Reference: Judicial Council of California Criminal Jury Instructions (2024 edition)

California Code, Penal Code - PEN § 245

(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.

(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.

(d)(1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

(e) When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.

(f) As used in this section, “peace officer” refers to any person designated as a peace officer in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

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Crimes generally referred to as sexual assault may be prosecuted through California's sexual assault, or sexual battery, laws. These laws prohibit unwanted touching of another person's intimate parts. The California Penal Code defines intimate parts as the victim's "sexual organ, anus, groin, or buttocks of any person, and the breast of a female." When sexual assault leads to nonconsensual intercourse with the victim, it's charged as rape.

To prove a case of sexual battery, the prosecutor must establish the following elements:

1. The defendant touched the victim's intimate parts while the victim was restrained by the defendant or another person. The touching may occur through direct contact to the victim's skin or indirect contact through the victim's clothing.
2. The touching was against the victim's will. The prosecutor must establish that the victim did not consent to the contact.
3. The defendant intended to engage in the unwanted touching for the purpose of sexual gratification, sexual arousal, or sexual abuse. If the defendant touched the victim for a non-sexual purpose, such as a medical professional conducting an examination, it might be more difficult for the prosecutor to establish the required elements for a successful case.

California Sexual Assault Laws: An Overview

For more information on specific California sexual assault laws, see the chart below.

California Code, Penal Code - PEN § 243.4

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CAL. PENAL CODE § 273.5 (2016): WILLFUL INFLICTION OF CORPORAL INJURY; VIOLATION;
PUNISHMENT
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a
victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be
punished by imprisonment in the state prison for two, three, or four years, or in a county jail for
not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine
and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender's spouse or former spouse.
(2) The offender's cohabitant or former cohabitant.
(3) The offender's fiancé or fiancée, or someone with whom the offender has, or previously had,
an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section
243.
(4) The mother or father of the offender's child.
(c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is
not necessary to constitute cohabitation as the term is used in this section.
(d) As used in this section, “traumatic condition” means a condition of the body, such as a
wound, or external or internal injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature, caused by a physical force.
For purposes of this section, “strangulation” and “suffocation” include impeding the normal
breathing or circulation of the blood of a person by applying pressure on the throat or neck.
(e) For the purpose of this section, a person shall be considered the father or mother of another
person's child if the alleged male parent is presumed the natural father under Sections 7611 and
7612 of the Family Code.
(f)(1) Any person convicted of violating this section for acts occurring within seven years of a
previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both
imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven years of a
previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail for not more than one year, or by
a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.
(g) If probation is granted to any person convicted under subdivision (a), the court shall impose
probation consistent with the provisions of Section 1203.097.
(h) If probation is granted, or the execution or imposition of a sentence is suspended, for any
defendant convicted under subdivision (a) who has been convicted of any prior offense specified
in subdivision (f), the court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years for a
violation of any offense specified in subdivision (f), it shall be a condition thereof, in addition to
the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for
not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous seven years
for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in
addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a
county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory imprisonment
required by this subdivision shall not be imposed and shall state on the record its reasons for
finding good cause.
(i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of
probation may include, consistent with the terms of probation imposed pursuant to Section
1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's shelter, up to a maximum of five
thousand dollars ($5,000), pursuant to Section 1203.097.

(2)(A) That the defendant reimburse the victim for reasonable costs of counseling and other
reasonable expenses that the court finds are the direct result of the defendant's offense.
(B) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution
as a condition of probation under this subdivision, the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make payments to a battered women's
shelter be made if it would impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support. If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of this section, the community property
may not be used to discharge the liability of the offending spouse for restitution to the injured
spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section
1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is exhausted.
(j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an
order restraining the defendant from any contact with the victim, which may be valid for up to
10 years, as determined by the court. It is the intent of the Legislature that the length of any
restraining order be based upon the seriousness of the facts before the court, the probability of
future violations, and the safety of the victim and his or her immediate family. This protective
order may be issued by the court whether the defendant is sentenced to state prison, county
jail, or if imposition of sentence is suspended and the defendant is placed on probation.
(k) If a peace officer makes an arrest for a violation of this section, the peace officer is not
required to inform the victim of his or her right to make a citizen's arrest pursuant to subdivision
(b) of Section 836.
CREDIT(S)
(Added by Stats.1977, c. 912, p. 2786, § 3. Amended by Stats.1980, c. 1117, p. 3589, § 3; Stats.1985, c. 563, § 1;
Stats.1987, c. 415, § 2; Stats.1988, c. 576, § 1, eff. Aug. 26, 1988; Stats.1990, c. 680 (A.B.2632), § 1; Stats.1992, c. 163
(A.B.2641), § 104; Stats.1992, c. 183 (S.B.1545), § 1; Stats.1992, c. 184 (A.B.2439), § 3; Stats.1993, c. 219 (A.B.1500), §
216.4; Stats.1993-94, 1st Ex.Sess., c. 28 (A.B.93), § 2, eff. Nov. 30, 1994; Stats.1996, c. 1075 (S.B.1444), § 15;
Stats.1996, c. 1077 (A.B.2898), § 16; Stats.1999, c. 660 (S.B.563), § 2; Stats.1999, c. 662 (S.B.218), § 9.5; Stats.2000, c.
287 (S.B.1955), § 5; Stats.2003, c. 262 (A.B.134), § 1; Stats.2007, c. 582 (A.B.289), § 1; Stats.2011, c. 129 (S.B.430), § 2;
Stats.2014, c. 867 (S.B.1144), § 16; Stats.2013, c. 763 (A.B.16), § 1.)

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Penal Code 273.5 makes it illegal to inflict a “corporal injury” that results in even a slight physical injury to an intimate partner. PC 273.5 is a felony. Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison and/or up to $10,000 in fines.

For purposes of criminal law

California law defines “domestic violence” as abuse against an “intimate partner.” An “intimate partner” is defined as:

• A current or former spouse,
• A current or former registered domestic partner,
• A current or former fiancé(e),
• A current or former live-in romantic partner (a “cohabitant”),
• A person with whom you have, or have had, a child, or
• Someone you are seriously dating or were in a dating relationship with in the past.

Common crimes of “domestic violence” in California include

• battery,
• abuse,
• threats, and
• neglect.

Some of these offenses are misdemeanors. Others are felonies.

Though most of these crimes are California “wobbler” offenses. A “wobbler” is a crime that can be charged as either a misdemeanor or a felony, depending on:

• The circumstances of the offense,
• The seriousness of the alleged victim’s injuries (if any), and
• Your criminal record (if any).

Some of the most common crimes of domestic violence are discussed in brief, below.

3.1. Penal Code 273.5, corporal injury to a spouse or inhabitant

Penal Code 273.5 makes it illegal to inflict a “corporal injury” that results in even a slight physical injury to an intimate partner.

PC 273.5 is a felony. Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison and/or up to $10,000 in fines.

3.2. Penal Code 243(e)(1), domestic battery

Penal Code 243(e)(1) – California’s domestic battery law — makes it a misdemeanor to inflict force or physical violence on an intimate partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.

Domestic battery is a misdemeanor. Punishment can include a

• fine of up to $2,000, and/or
• up to one (1) year in county jail.

If domestic battery causes a serious injury, it becomes a felony. Under Penal Code 672, this carries up to four (4) years in state prison and/or up to $10,000 in fines.

One type of domestic abuse is always a felony in California: Corporal injury to a spouse or inhabitant (PC 273.5).

The following domestic abuse-related offenses can be felonies or misdemeanors depending on the case. These “wobbler” offenses include:

• Child abuse (PC 273d)
• Child endangerment (PC 273a)
• Elder abuse (PC 368)
• Criminal threats (PC 422)
• Stalking (PC 646.9)
• Damaging a phone line (PC 591)
• Aggravated trespass (PC 601)

Legal References
California Penal Code 13700(b):
“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.

See also PC 13730. See, for example, People v. Cabrera (Court of Appeal of California, Fourth Appellate District, Division One, 2007) 152 Cal. App. 4th 695; People v. James (Court of Appeal of California, Fifth Appellate District, 2010) 191 Cal. App. 4th 478; People v. Gobert (Court of Appeal of California, Fourth Appellate District, Division One, 2023) 89 Cal. App. 5th 676.

Penal Code 13700(a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. See also People v. Hoover (Court of Appeal of California, Fourth Appellate District, Division Two, 2000) 77 Cal.App.4th 1020; People v. Truong (Court of Appeal of California, First Appellate District, Division Two, 2001) 90 Cal. App. 4th 887.
California Family Code 297.5 (a):
“Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”

California Penal Code 13700(b), endnote

Family Code 6211(e).
Family Code 6211(f).
Penal Code 17(b) PC.
Penal Code 273a(a). See also People v. Rodriquez (Court of Appeal of California, First Appellate District, Division Four, 2022) 79 Cal. App. 5th 637.
Penal Code 1203.097(5). See also Welfare and Institutions Code 18304.
Penal Code 1203.097(6).
Such crimes include PC 273.5 PC, corporal injury; PC 243(e)(1), domestic battery; PC 243.4, sexual battery; PC 422, criminal threats; PC 646.9, stalking; and PC 273.6, violation of a protective order.
18 USC 922(g).
Same.
Same.
See, for example, California Code of Civil Procedure 527.6 CCP. See also People v. Jungers (Court of Appeal of California, Fourth Appellate District, Division One, 2005) 127 Cal. App. 4th 698.
Same.
California Penal Code section 273.6 PC.
Immigration & Nationality Act (“INA”) 237(a)(2)(A)(I), codified at 8 USC 1227 (a)(2)(A)(I).
INA 212 (a)(2)(A)(i)(I), 8 USC 1182 (a)(2)(A)(i)(I).

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Sexually Oriented Business Laws are handled at the City/Town/County level, however they are all modeled from the same sample laws. City councils, County Commissions, and Boards of Supervisors have taken legislative notice and modeled their statutes on the original cities using the fallacious and anecdotal Report: The Attorney General's Commission on Pornography (Sometimes referred to as the Meese Report from the Meese Commission on Pornography) that substantiated the adverse secondary effects of pornography and what they then titled "Sexually Oriented Businesses":

1) Garden Grove, California, 1991;

2) city of Austin, Texas, May 1986;

3) city of Los Angeles, California, June 1977;

4) city of St. Paul, Minnesota, 1987, and supp., 1988; and

5) "Final Report Of The Attorney General's Commission On Pornography", 1986.

An Example from Cerritos, CA is below:

Chapter 22.45
SEXUALLY ORIENTED BUSINESS REGULATIONS

Sections:

22.45.010    Purpose and intent.

22.45.020    Definitions.

22.45.030    Location standards.

22.45.040    Requirements for conditional use permit.

22.45.050    Time limits for action on conditional use permit.

22.45.060    Suspension and revocation of a conditional use permit.

22.45.070    Sexually oriented business license required.

22.45.080    Sexually oriented business performer license required.

22.45.090    Action on license—Appeal.

22.45.100    Inspection.

22.45.110    Expiration of license.

22.45.120    Suspension or revocation of license.

22.45.130    Appeal of denial, suspension or revocation.

22.45.140    Non transferability of sexually oriented business license or performer license.

22.45.150    Business records.

22.45.160    Provisions nonexclusive.

22.45.170    Violations—Penalties.

22.45.180    Nonconforming uses.

22.45.190    Immunity from prosecution.

22.45.200    Public nuisance.

22.45.210    Conflicting ordinances.

22.45.220    Severability.

22.45.010 Purpose and intent.

It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city of Cerritos and to establish reasonable and uniform regulations to prevent any deleterious location of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of, or access to, any communicative materials, as provided by the First Amendment of the United States Constitution, including sexually oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 769A § 1 (part), 1996)

22.45.020 Definitions.

The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

(1) “Employee” means any person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

(2) “Establishment of sexually oriented business” includes any of the following:

(a) The opening or commencement of any such business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined herein;

(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or

(d) The relocation of any such sexually oriented business.

(3) “Lingerie modeling business” means an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by adults.

(4) “Massage parlor” means any place where, for any form of consideration or gratuity, massage or any other manipulation of the human body which regularly occurs as a part of or in connection with specified sexual activities, or where any person providing such manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

(5) “Modeling studio” means any establishment which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio does not include schools maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

(6) “Nude, nudity or state of nudity” includes the following:

(a) The appearance of human buttocks, pubic area, anus, male genitals, female genitals, or the areola and nipple of the female breast; or

(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

(7) “Operator” means any person in charge of any permitted or licensed premises.

(8) “Performer” means any person who performs live entertainment for patrons of a sexually oriented business.

(9) “Permitted or licensed premises” means any establishment that requires a license and/or permit and that is classified as a sexually oriented business.

(10) “Permittee and/or licensee” means any person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual(s) listed as an applicant(s) on the application for a permit and/or license.

(11) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(12) “Police department” means the law enforcement agency of the city.

(13) “Public park” means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other public agency.

(14) “Religious institution” means an establishment which is used primarily for religious services and related religious activities.

(15) “School” means any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college or university.

(16) “Sexual encounter establishment” means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration as a regular and substantial course of conduct, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

(17) “Sexually oriented arcade” means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, video projectors, or other similar forms of machine or technology, for the viewing by five or fewer persons each, which, as a regular and substantial course of conduct are used to show films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specific anatomical areas.

(18) “Sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store” means an establishment which has as a regular and substantial portion of its business and offers for sale, rent or viewing for any form of consideration any one or more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, with the exception of birth control devices.

(19) “Sexually oriented business” means an establishment or concern which as a regular and substantial course of conduct performs or operates, for any form of consideration, as a sexually oriented arcade, sexual encounter establishment, sexually oriented bookstore, sexually oriented novelty store, sexually oriented tanning salon, massage parlor, sexually oriented cabaret, sexually oriented video store, sexually oriented theater, sexually oriented motion picture theater, sexually oriented motel/hotel, modeling studio, lingerie modeling, or any other business or concern which as a regular and substantial portion of its business offers, for any form of consideration, to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, but not including those uses or activities the regulation of which is preempted by state law.

(20) “Sexually oriented cabaret” means an establishment which serves food or beverages and which as a regular and substantial course of conduct features live performances, for any form of consideration, which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(21) “Sexually oriented hotel/motel” means a hotel or motel or similar establishment offering public accommodations for any form of consideration which:

(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or

(b) Rents, leases, or lets any single guest room for less than a ten-hour period, or rents, leases or lets any single guest room more than twice in a twenty-four-hour period; or

(c) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(22) “Sexually oriented motion picture theater” means an establishment which as a regular and substantial course of conduct offers to show, for any form of consideration, films, motion pictures, videos, slides or similar photographic or electronic reproductions, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(23) “Sexually oriented tanning salon” means an establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose specified anatomical areas. Sexually oriented tanning salon shall also include a business establishment where a patron and employee of the establishment are nude or expose specified anatomical areas. A sexually oriented tanning salon shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas.

(24) “Sexually oriented theater” means an establishment which as a regular and substantial course of conduct features, for any form of consideration, live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(25) “Specified anatomical areas” includes any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or the areola and nipple of female breasts;

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(26) “Specified sexual activities” includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

(c) Masturbation, actual or simulated; or

(d) Excretory functions as part of or in connection with any of the activities described in subsections (26)(a) through (c) this section.

(27) Regular and Substantial Course of Conduct and/or Regular and Substantial Portion of its Business. Any business shall be considered a sexually oriented business where any of the following conditions exist:

(a) At least twenty percent of the stock-in-trade or total display area is devoted to sexually oriented materials (except for mail order businesses or wholesale businesses with no patrons in the premises); or

(b) The business or concern presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activity or specified anatomical areas on any four or more separate days within any thirty-day period; or

(c) At least twenty-five percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials, or entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical areas.

(28) “Substantially enlarged” means the increase in floor area occupied by the business by more than ten percent of its floor area as it exists on the effective date of the ordinance codified in this chapter.

(29) “Transfer of ownership or control of a sexually oriented business” includes any of the following:

(a) The sale, lease or sublease of the business;

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;

(c) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 769A § 1 (part), 1996)

22.45.030 Location standards.

(1) Subject to the provisions of this chapter, sexually oriented businesses shall be permitted only in the industrial commercial-two (MC-2) zone provided:

(a) Each such sexually oriented business shall, prior to commencement or continuation of such business, first apply for and receive approval from the city council, after recommendation from the planning commission, for a conditional use permit.

(b) Each such sexually oriented business must, prior to commencement or continuation of such business, first apply for and receive a sexually oriented business license.

(c) The city council shall issue such conditional use permit if that body finds that the proposed facility or use complies with the regulations specified in this chapter.

(d) Each such use must comply with all applicable development and design regulations of the MC-2 zone.

(2) A sexually oriented business shall not be established nor located within three hundred feet of a freeway or a major arterial street. The distance shall be measured from the edge of the freeway or major arterial street right-of-way.

(3) Except as provided in Section 22.45.030(4), a sexually oriented business shall not be established nor located within five hundred feet of the following:

(a) Any county or city residential zone;

(b) Any parcel with a residential use;

(c) Any religious institution or property zoned, planned or otherwise designated for such use by city action;

(d) Any school, public park or property zoned, planned or otherwise designated for such use by city action;

(e) Any boys club, girls club, or similar youth organization.

The uses and zones set forth herein shall be collectively known as “impacted uses.”

(4) A sexually oriented business may be established or located within five hundred feet, but no closer than one hundred fifty feet, of the impacted uses providing one or more of the following conditions exist:

(a) The impacted uses are separated from the sexually oriented business by a flood control channel at least one hundred fifty feet in width and the sexually oriented business does not face the impacted uses.

(b) The impacted uses are separated from the sexually oriented business by a utility easement or utility right-of-way at least fifty feet in width and the sexually oriented business does not face the impacted uses.

(5) For purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structures in which the sexually oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (3) of this section. (Ord. 769A § 1 (part), 1996)

22.45.040 Requirements for conditional use permit.

A conditional use permit shall be granted pursuant to the following requirements and conditions:

(1) Fire Standards. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city of Cerritos.

(2) Operations. No sexually oriented business shall be operated in any manner that permits the observation of any material or activity depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(3) Lighting in Parking Lots and Walkways. Lighting shall be required which is designed to illuminate all off-street parking areas and on-site walkways serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism, theft and other criminal activity. Said lighting shall be a minimum of 2.0 footcandles and shall be shown on the required plot plans and shall be reviewed and approved by the department of community development.

(4) Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the city of Cerritos.

(5) Sexually Oriented Arcades. A person who operates or causes to be operated a sexually oriented arcade shall comply with the following requirements:

(a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which this license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram shall be oriented to the north and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The director of community development may waive the foregoing diagram for business license renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(b) No alteration in the configuration of a manager’s station may be made without the approval of the director of community development.

(c) It is the duty of the owners and operators of the premises to insure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.

(d) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station, unaided by mirrors, video, closed circuit cameras or any other means.

(e) It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection (5)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the business license application.

(f) It is unlawful to maintain, operate or manage or to permit to be maintained, operated, or managed any sexually oriented arcade in which the arcade viewing areas are obscured by a curtain, door, wall, or other enclosure or are not visible from a continuous main aisle. For purposes of this subsection, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show, film, video or electronic transmission.

(g) It is unlawful for more than one person at a time to occupy any individually partitioned arcade viewing area or booth.

(h) It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual arcade viewing areas or between a booth and a rest room or a viewing area and a rest room for the purpose of providing viewing or physical access between the booth or individual arcade viewing area, or a rest room.

(i) The floors, seats, walls and other interior portions of all booths or viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths or viewing areas shall be evidence of improper maintenance and inadequate sanitary control; repeated instances of such conditions may justify suspension or revocation of the permit to conduct the sexually oriented business.

(6) Signs. All on-site signage shall conform to the relevant provisions of Chapter 22.48 of this code and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.

(7) Sale/Serving of Alcohol. No sexually oriented business shall permit the sale, service or consumption of alcohol within said business.

(8) Age Restrictions. All entrances to a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises. It is unlawful to permit patrons or employees under the age of eighteen in the portion of a structure occupied by a sexually oriented business, including sexually oriented arcades, sexually oriented bookstores, sexually oriented cabarets, sexually oriented motels, sexually oriented motion picture theaters, sexually oriented theaters, lingerie modeling businesses, or sexual encounter establishments, except as permitted under Section 313.2 of the California Penal Code, as amended.

(9) Time of Operation. No sexually oriented business shall be open or operating during the hours from twelve midnight to eight a.m.

(10) Landscaping. No landscaping shall exceed thirty inches in height, except trees with foliage, not less than six feet above the ground.

(11) Live Entertainment. The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(a) No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by a performer.

(b) The sexually oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers’ use.

(c) The sexually oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

(d) The sexually oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum four-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

(e) No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.

(f) Fixed rail(s) at lease thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(g) No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.

(12) Rest Rooms. Rest room facilities shall not be used for activities in violation of the California Penal Code, including Section 647. Separate rest room facilities shall be provided for male and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room for females, and female patrons and employees shall be prohibited from using the rest rooms for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities or as otherwise required by law. The rest room shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as a sexually oriented bookstore or sexually oriented video store, and which does not provide rest room facilities to its patrons or the general public.

(13) Security Guards. Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(a) Sexually oriented business featuring live entertainment that has an occupancy limit of thirty-five persons or less shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons and less than seventy persons, two security guards shall be provided. If the occupancy limit is seventy persons or greater, the number of security guards required on the premises while the business is open shall be determined by the director of community development.

(b) Security guards for other sexually oriented businesses may be required if it is determined by the director of community development that their presence is necessary in order to prevent any of the conduct listed in Section 22.45.120(2)(f) from occurring on the premises.

(c) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager’s station while acting as a security guard.

(14) Interior Lighting. All interior areas open to the patrons of the sexually oriented business shall be illuminated at a minimum of twenty footcandles, except sexually oriented cabarets and sexually oriented theaters shall be allowed to maintain a minimum 1.25 footcandle illumination during performances.

(15) Number of Businesses. No building, structure, or other facility shall be permitted to contain more than one type of sexually oriented business, as such types of sexually oriented business are defined in this chapter. For the purposes of this section, the phrase “sexually oriented business” shall not be considered a single type of sexually oriented business.

(16) Nudity Prohibited. No owner or other person with control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or anus region with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. The sole remedy for violation of this subsection is revocation of the sexually oriented business conditional use permit.

(17) Special Events. The sexually oriented business shall not conduct, sponsor or stage any special events, promotions, festivals, concerts, or similar events or activities which would create a demand for parking spaces beyond the approved number of spaces required for the particular use or which would increase occupancy beyond the maximum building occupancy as determined by the fire marshal, as required by law.

(18) Material Harmful to Minors. The permittee or operator shall maintain the grounds within one hundred feet of the premises of the sexually oriented business free from all materials harmful to minors, including but not limited to wrappers, covers, labels, packaging, bags and magazines.

The foregoing applicable requirements of this section shall be deemed conditions of a sexually oriented business conditional use permit, and failure to comply with every such requirement shall be grounds for suspension or revocation of the conditional use permit issued pursuant to these regulations. (Ord. 769A § 1 (part), 1996)

22.45.050 Time limits for action on conditional use permit.

Final action of approval or denial by the city council shall be taken within sixty days from filing a complete application for a conditional use permit with the department of community development. If the city council fails to act within sixty days, the application shall be deemed approved if the sexually oriented business satisfies all the criteria in this chapter and shall be subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)

22.45.060 Suspension and revocation of a conditional use permit.

The city council may suspend or revoke any conditional use permit if it is found that any of the following conditions exist:

(1) Any material violation of the regulations in this chapter;

(2) The operation conducted by the permittee does not comply with all state or city building, health, zoning or fire regulations;

(3) The approved use has been substantially enlarged without city approval;

(4) The approved use has been partially or wholly converted to another sexually oriented business without city approval;

(5) The conditional use permit has not been utilized within six months of its issuance;

(6) The conditional use permit has been discontinued for one hundred twenty consecutive days or a minimum of one hundred eighty days within any twelve-month period;

(7) A sexually oriented business is added in violation of Section 22.45.040(15); or

(8) The sexually oriented business license has been suspended or revoked. (Ord. 769A § 1 (part), 1996)

22.45.070 Sexually oriented business license required.

An applicant for the operation of a sexually oriented business shall apply for and submit a completed application for a sexually oriented business license at the same time the applicant applies for and submits a conditional use permit application. The sexually oriented business shall not be permitted to commence or continue business without the required valid permits and licenses. Such sexually oriented business license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. The license obtained is nontransferable and a new license must be obtained if the business is leased, sold or otherwise transferred for any reason.

(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:

(a) The legal name, aliases and residential address (other than post office box) of applicant;

(b) The complete name and business address of the applicant.

(i) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation is in good standing under the laws of the state of California. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process;

(ii) If the applicant is a partnership, whether the partnership is general or limited, the application shall show the name and residence address of each of the partners and a copy of the partnership agreement, if any;

(iii) If the sexually oriented business is owned or operated by an individual, he/she must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by a corporation, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant;

(c) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must:

(i) State the sexually oriented business’s fictitious name; and

(ii) Submit the required registration documents;

(d) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department and a two-inch by two-inch (minimum size) portrait photograph, taken within the sixty days immediately prior to the date the application is filed, of the applicant(s). Any fees for the fingerprints and photographs shall be paid by the applicants;

(e) The applicant’s drivers license number, Social Security number and his/her state or federally issued tax identification number;

(f) Whether the applicant or any of the other individuals listed pursuant to Section 22.45.070 of this chapter has, within the two-year or five-year period as specified in subsection (3)(h) of this section immediately preceding the date of the application, been convicted of a “specified criminal act,” and, if so, the “specified criminal act” involved, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction;

(g) A detailed description of the operation, type, and services or entertainment to be provided by the sexually oriented business and the number of persons engaged in the business;

(h) Hours of operation;

(i) A location, address and floor plan indicating how the uses are proposed to be conducted within the building;

(j) The name or names of the person or persons having the management or supervision of applicant’s business at the location;

(k) A detailed security plan that describes measures that will be implemented to provide adequate security both within the interior and exterior premises of the business, specifically including, but not limited to, measures to comply with the requirements of Section 22.45.040 (13);

(l) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;

(m) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.

(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and the department of community development. The city shall promptly conduct an investigation of the applicant and the proposed sexually oriented business in accordance with its responsibilities under the law and as set forth in this chapter. Said investigation shall be completed within twenty working days of the receipt of the application by the city. At the conclusion of the investigation the results shall be indicated on the photocopy of the application, dated, signed and returned to the city business license division.

(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:

(a) That the building, structure, equipment and location used by the business for which a license is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city of Cerritos;

(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;

(c) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has had any type of sexually oriented business license revoked by any public entity within two years of the date of the application;

(d) That a conditional use permit has been revoked or denied for the use;

(e) That an applicant is under eighteen years of age;

(f) An applicant is overdue in payment to the city of Cerritos of fees owed by the applicant in relation to the sexually oriented business, which is the subject of the application;

(g) The application or license fee required by this chapter has not been paid; or

(h) An applicant has been convicted of a “specified criminal act” for which:

(i) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(ii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal acts” which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(iii) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for “specified criminal” acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; and the offenses occurred within any twenty-four-month period;

(iv) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

(v) An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required in subsection (3)(h) of this section has elapsed.

(4) The annual fee for a sexually oriented business license shall be in an amount determined by city council resolution.

(5) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of the change, by supplementing the application on file with the director of community development, shall be grounds for suspension of the license.

(6) The fact that an applicant(s) possesses other types of state or city permits and/or licenses does not exempt the applicant(s) from the requirement of obtaining a sexually oriented business permit. (Ord. 769A § 1 (part), 1996)

22.45.080 Sexually oriented business performer license required.

An applicant for a sexually oriented business performer license shall apply for a sexually oriented business performer license after a conditional use permit is approved by the city council for the sexually oriented business at which the applicant will perform. The sexually oriented business performer shall not be permitted to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business until the performer license is issued. Such sexually oriented business performer license shall be nontransferable and must be renewed on an annual basis on the anniversary date of the original application. All persons who have been issued a sexually oriented business license shall promptly supplement the information provided as part of the application for the license required in Section 22.45.070, with the names of all performers required to obtain a sexually oriented business performer license, within thirty days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually oriented business license.

(1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the department of community development. Such application shall contain:

(a) The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

(b) Age, date and place of birth;

(c) Present residence address and telephone number;

(d) State driver’s license or identification number;

(e) Satisfactory written proof that the applicant is at least eighteen years of age;

(f) The applicant’s fingerprints on a form provided by and in a manner prescribed by the police department, and a color portrait photograph, minimum size of two inches by two inches, taken within the sixty days immediately prior to the date the application is filed, clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(g) A statement detailing the sexually oriented business performer license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, or state, has ever had such a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension;

(h) Whether the applicant has been convicted of a “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction;

(i) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed;

(j) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;

(k) Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.

(2) All applications for a license or renewal shall be filed with the city business license division subject to investigation by the police department and report by the director of community development. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application.

(3) After an investigation by the police department and report by the director of community development, the city business license division shall issue a license or renewal unless one or more of the following are found to be true:

(a) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;

(b) The applicant has had any type of sexually oriented business license or sexually oriented business performer license revoked by any public entity within two years of the date of the application;

(c) The sexually oriented business performer license is to be used for performing in a sexually oriented business prohibited by state or city law;

(d) The applicant is under eighteen years of age; or

(e) That the applicant has been convicted of any “specified criminal act” as defined in Section 22.45.070 (3)(h) of this chapter.

(4) The annual fee for the sexually oriented business performer license shall be in an amount determined by city council resolution. (Ord. 769A § 1 (part), 1996)

22.45.090 Action on license—Appeal.

The report of the police department and the director of community development regarding a license application shall be issued within twenty working days of filing a complete application. The decision of the city business license division shall be within five days of receiving the reports. Any decision of the city business license division may be appealed to the city council within ten days of the decision. Any appeal shall be scheduled for a hearing before the city council within thirty days of its filing and the city council shall make a determination within forty-five days from the filing of the appeal. If the city fails to complete its reports and render its decision on the license or fails to schedule an appeal hearing and render its appeal determination within the time periods set forth herein, the license shall issue automatically, subject to all regulations in this chapter. (Ord. 769A § 1 (part), 1996)

22.45.100 Inspection.

An applicant or licensee shall permit representatives of the police department, health department, fire department, code enforcement, department of community development, or other city departments or agencies to inspect the premises of a sexually oriented business on an unscheduled basis, for the purpose of assuring compliance with the law, at any time it is occupied or opened for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. (Ord. 769A § 1 (part), 1996)

22.45.110 Expiration of license.

(1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.

(2) When the city business license division denies renewal of the license, the applicant shall not be issued a license under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final. (Ord. 769A § 1 (part), 1996)

22.45.120 Suspension or revocation of license.

A sexually oriented business license or a sexually oriented business performer license may be suspended or revoked in accordance with the procedures and standards of this section.

(1) On determining that grounds for license suspension or revocation exist, the director of community development shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of the hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, certified mail return receipt requested, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the director of community development, but at a minimum shall include the following:

(a) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

(b) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(2) After an investigation, notice and hearing, the director of community development may suspend or revoke an existing sexually oriented business performer license or sexually oriented business license, if based upon the evidence it is found that one or more of the following conditions exist:

(a) The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the state of California, or of the ordinances of the city of Cerritos. In the event of such statute, code, ordinance or regulation violation, the city, or its designee, shall allow the licensee a seven-working-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-working-day period, the city, or its designee, shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the violation has been corrected;

(b) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material facts in the application for a license, or in any report or record required to be filed with the police department, or other department of the city;

(c) The licensee has had any type of sexually oriented business license revoked by any public entity within two years of the date the license was issued;

(d) The licensee is convicted of tax violations for any taxes or fees related to a sexually oriented business;

(e) The licensee, manager or any agent or employee of the licensee or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject sexually oriented business or of any sex-related crime after the date of issuance of the sexually oriented business license for said business;

(f) A sexually oriented business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred;

(g) The subject sexually oriented business has employed minors;

(h) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this chapter;

(i) The licensee, manager or any agent or employee of the licensee or manager refused to allow the lawful inspection of the premises pursuant to Section 22.45.100;

(j) The conditional use permit for the use has been suspended or revoked; or

(k) Failure to abide by a disciplinary action previously imposed by a city official.

(3) After holding the hearing in accordance with the provisions of this section, if the director of community development finds and determines that there are grounds for disciplinary action, based on the severity of the violation, the director of community development shall impose one of the following:

(a) A warning;

(b) Suspension of the license for a specified period not to exceed six months;

(c) Revocation of the license.

(4) Once a license is revoked, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business or performer license for one year from the date the revocation became effective. If, subsequent to revocation, the director of community development finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date revocation became effective. If the license was revoked under Section 22.45.070(3)(h) of this chapter, an applicant may not be granted another license until the number of years required under Section 22.45.070(3)(h) have elapsed. (Ord. 769A § 1 (part), 1996)

22.45.130 Appeal of denial, suspension or revocation.

After denial of an application for a sexually oriented business license or a sexually oriented business performer license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council. If the denial, suspension, or revocation is affirmed on review, the applicant/licensee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 The city shall make all reasonable efforts to expedite judicial review, if sought by licensee. (Ord. 769A § 1 (part), 1996)

22.45.140 Nontransferability of sexually oriented business license or performer license.

A licensee shall not transfer a sexually oriented business license or a sexually oriented business performer license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. Any sexually oriented business license or sexually oriented business performer license which is transferred to another person or to another location shall immediately become null and void. (Ord. 769A § 1 (part), 1996)

22.45.150 Business records.

If the department of community development believes that a regular and substantial portion of a business operating within the city has the characteristics of a sexually oriented business, then the department of community development may require that the business make available for review by the authorized representative of the city, at reasonable times and places, complete records of the business’ transactions, including its sales, receipts, purchases and other expenditures. In the event such records cannot be made available within the city of Cerritos or within a distance of fifty miles therefrom, the operator of the business is hereby required to reimburse the city for the cost of all transportation, lodging, meals, portal to portal travel time and other incidental costs reasonably incurred by the city in performing said audit. (Ord. 769A § 1 (part), 1996)

22.45.160 Provisions nonexclusive.

The provisions set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances or regulations pertaining to the operation of sexually oriented businesses as adopted by the city council of the city of Cerritos. (Ord. 769A § 1 (part), 1996)

22.45.170 Violations—Penalties.

(1) Except for the provisions of Section 22.45.040 (16), any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(2) Nothing herein shall prevent or restrict the city from taking such other lawful action in any court or competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually oriented business.

(3) Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of Cerritos.

(4) Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(5) Chapter 22.45 of the Cerritos Municipal Code requires that sexually oriented businesses shall only be permitted as provided in Sections 22.45.030 and 22.45.040 of this chapter. Licenses for sexually oriented businesses and sexually oriented business performers shall be required and governed by the regulations contained in Sections 22.45.070 and 22.45.080 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:

(a) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business except as provided in Sections 22.45.030 and 22.45.040 of this chapter.

(b) A person commits a misdemeanor if he/she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof or causes substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(c) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

(d) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances of “specified sexual activities” or “specified anatomical areas” at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

(e) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of twelve midnight and eight a.m. of any particular day.

(f) A person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service, between the hours of twelve midnight and eight a.m. of any particular day.

(g) A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a license has been issued for said business under this chapter, and said person knows that or should know that:

(i) The business does not have a sexually oriented business license under this chapter for any applicable classification;

(ii) The business has a permit which is under suspension;

(iii) The business has a permit which has been revoked; or

(iv) The business has a permit which has expired.

(h) It is a defense to the prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:

(i) By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation;

(ii) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(iii) In a structure (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; (B) where, in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time.

(i) It is a defense to the prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a rest room, or during the employee’s bona fide use of a dressing room which is accessible only to employees. (Ord. 769A § 1 (part), 1996)

22.45.180 Nonconforming uses.

(1) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use.

(a) Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter which becomes nonconforming due to the regulations contained in Chapter 22.45 shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, no later than one year from the effective date of the ordinance codified in this chapter.

(b) Possible extension of one additional year may be granted by the planning commission by showing extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more.

(c) An application for review of the termination schedule for a nonconforming sexually oriented business prescribed in this chapter may be approved by the planning commission. In considering an application for review of the termination schedules for a sexually oriented business, which is nonconforming due to either the locational or development standards, the planning commission shall also use the following criteria in making a determination:

(i) The owner’s financial investment in the business prior to the effective date of the ordinance codified in this chapter;

(ii) The present actual and depreciated value of the business improvements;

(iii) The applicable federal tax depreciation schedule for such improvements;

(iv) The remaining useful life of the business improvements;

(v) The extent to which the business fails to comply with all the applicable requirements of this chapter;

(vi) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;

(vii) The remaining term of any lease or rental agreement under which the business is operating;

(viii) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;

(ix) Whether the business must be discontinued at the present location or in order to comply with the requirements of this chapter and, if such relocation is required:

(A) The availability of relocation sites, and

(B) The cost of such relocation;

(x) The ability of the owner to change the business to a conforming use.

(2) Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(3) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential zone, or residential use within five hundred feet of the sexually oriented business. This provision does not apply when an application for a license is submitted after a license has expired or has been revoked.

(4) Any establishment subject to the provisions of this section shall apply for the license provided for by Sections 22.45.070 and 22.45.080 within thirty days from the date the establishment becomes nonconforming. Any establishment shall comply with the regulations pertaining to Section 22.45.040 within sixty days from the date the establishment becomes nonconforming. (Ord. 769A § 1 (part), 1996)

22.45.190 Immunity from prosecution.

The city and its designee, the police department and all other departments and agencies and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 769A § 1 (part), 1996)

22.45.200 Public nuisance.

In addition to the penalties set forth at Section 22.45.170 of this chapter, any sexually oriented business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 769A § 1 (part), 1996)

22.45.210 Conflicting ordinances.

If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply. (Ord. 769A § 1 (part), 1996)

22.45.220 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 769A § 1 (part), 1996)

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California law protects individuals from illegal discrimination by employers.  The law prohibits harassment of employees, applicants, unpaid interns, volunteers, and independent contractors by any person.

Some jurisdictions in California include provisions not related to employment.

The following classes are protected under California's anti-discrimination laws:

Age: It is unlawful for employers to discriminate against an employee or job applicant based on his or her age, as long as the person is over 40. This means that age cannot be used as a deciding factor in anything that has to do with hiring, firing, benefits, pay, job duties or training.

Disability: Employers cannot discriminate against someone for actual or perceived disabilities. These disabilities don't have to be visible or even of a physical nature for the person to be protected under California anti-discrimination laws. Disability discrimination attorneys fight vigorously for victims of such acts.

Pregnancy: It is against the law for employers to treat a person unfavorably because of pregnancy, childbirth or any other related medical condition. California enacted the Pregnancy Discrimination Act to prohibit employers from using pregnancy as a factor in employment decisions.

Race, color or ethnicity: Employers are prohibited from using a person's race, color or ethnicity in an employment decision. When employers become aware that such discrimination is occurring, they are required under the law to stop it and to make sure it does not happen in the future.

Religion: Employers are not allowed to use a person's religion to make an employment decision such as hiring, firing, promotions, training opportunities, etc. Employers are also required to provide reasonable accommodations for people to take time off for religious holidays as well as uniforms.

National origin: Employers are not allowed to treat employees unfavorably because of where they are from. A person's national origin may refer to a certain country or a certain region of the world such as the Middle East or Asia.

Sex: No employer is allowed to discriminate on the basis of sex, gender or sexual orientation when it comes to employment decisions, irrespective of whether they are interviewing job applications or determining which employees to lay off.

If you have more information or would like to help us add information, please use our Legislative Research Form

If you have more information or would like to help us add information, please use our Legislative Research Form

If you have more information or would like to help us add information, please use our Legislative Research Form

If you have more information or would like to help us add information, please use our Legislative Research Form

If you have more information or would like to help us add information, please use our Legislative Research Form

CONN. GEN. STAT. ANN. § 53A-64AA (2016): STRANGULATION IN THE FIRST DEGREE: CLASS
C FELONY
(a) A person is guilty of strangulation in the first degree when such person commits
strangulation in the second degree as provided in section 53a-64bb and (1) in the commission of
such offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes
serious physical injury to such other person, or (2) such person has previously been convicted of
a violation of this section or section 53a-64bb.
(b) No person shall be found guilty of strangulation in the first degree and unlawful restraint or
assault upon the same incident, but such person may be charged and prosecuted for all three
offenses upon the same information. For the purposes of this section, “unlawful restraint”
means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a
59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.
(c) Strangulation in the first degree is a class C felony.
Credits (2007, P.A. 07-123, § 8.).

CONN. GEN. STAT. ANN. § 53A-64BB (2016): STRANGULATION IN THE SECOND DEGREE:
CLASS D FELONY

(a) A person is guilty of strangulation in the second degree when such person restrains another
person by the neck or throat with the intent to impede the ability of such other person to
breathe or restrict blood circulation of such other person and such person impedes the ability of
such other person to breathe or restricts blood circulation of such other person.
(b) No person shall be found guilty of strangulation in the second degree and unlawful restraint
or assault upon the same incident, but such person may be charged and prosecuted for all three
offenses upon the same information. For the purposes of this section, “unlawful restraint”
means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a
59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.
(c) Strangulation in the second degree is a class D felony.
Credits
(2007, P.A. 07-123, § 8.)
CONN. GEN. STAT. ANN. § 53A-64CC (2016): STRANGULATION IN THE THIRD DEGREE:
CLASS A MISDEMEANOR
(a) A person is guilty of strangulation in the third degree when such person recklessly restrains
another person by the neck or throat and impedes the ability of such other person to breathe or
restricts blood circulation of such other person.
(b) No person shall be found guilty of strangulation in the third degree and unlawful restraint or
assault upon the same incident, but such person may be charged and prosecuted for all three
offenses upon the same information. For the purposes of this section, “unlawful restraint”
means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a
59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.
(c) Strangulation in the third degree is a class A misdemeanor.
Credits
(2007, P.A. 07-123, § 8.)

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DEL. CODE ANN. TIT. 11, § 607 (2016): STRANGULATION; PENALTY; AFFIRMATIVE DEFENSE
(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally
impedes the breathing or circulation of the blood of another person by applying pressure on the
throat or neck of the other person.

(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.
(3) Strangulation is a class D felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while
committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense;
or
c. The person has been previously convicted of strangulation.
(b) It is an affirmative defense that an act constituting strangulation was the result of a
legitimate medical procedure.
CREDIT(S)
Added by 77 Laws 2010, ch. 256, § 1, eff. May 14, 2010.
DEL. CODE ANN. TIT. 11, § 468 (2016): JUSTIFICATION--USE OF FORCE BY PERSONS WITH
SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE OR SAFETY OF OTHERS
The use of force upon or toward the person of another is justifiable if it is reasonable and
moderate and:
(1) The defendant is the parent, guardian, foster parent, legal custodian or other person
similarly responsible for the general care and supervision of a child, or a person acting at the
request of a parent, guardian, foster parent, legal custodian or other responsible person, and:
a. The force is used for the purpose of safeguarding or promoting the welfare of the child,
including the prevention or punishment of misconduct; and
b. The force used is intended to benefit the child, or for the special purposes listed in paragraphs
(2)a., (3)a., (4)a., (5), (6) and (7) of this section. The size, age, condition of the child, location of
the force and the strength and duration of the force shall be factors considered in determining
whether the force used is reasonable and moderate; but
c. The force shall not be justified if it includes, but is not limited to, any of the following:
Throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with
breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or
medication, or doing any other act that is likely to cause or does cause physical injury,
disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical
injury or death; or

(2) The defendant is a teacher or a person otherwise entrusted with the care or supervision of a
child for a special purpose, and:
a. The defendant believes the force used is necessary to further the special purpose, including
the maintenance of reasonable discipline in a school, class or other group, and that the use of
force is consistent with the welfare of the child; and
b. The degree of force, if it had been used by the parent, guardian, foster parent or legal
custodian of the child, would be justifiable under paragraph (1)a. and b. of this section and not
enumerated under paragraph (1)c. of this section; or
(3) The defendant is the guardian or other person similarly responsible for the general care and
supervision of a person who is incompetent, and:
a. The force is used for the purpose of safeguarding or promoting the welfare of the person who
is incompetent, including the prevention of misconduct, or, when such person who is
incompetent is in a hospital or other institution for care and custody, for the maintenance of
reasonable discipline in such institution; and
b. The force used is reasonable and moderate; the size, age, condition of the person who is
incompetent, location of the force and the strength and duration of the force shall be factors
considered in determining whether the force used is reasonable and moderate; and
c. The force is not enumerated under paragraph (1)c. of this section; and
d. The force is not proscribed as abuse or mistreatment under Chapter 11 of Title 16; or
(4) The defendant is a doctor or other therapist or a person assisting at the doctor's or other
therapist's direction, and:
a. The force is used for the purpose of administering a recognized form of treatment which the
defendant believes to be adapted to promoting the physical or mental health of the patient; and
b. The treatment is administered with the consent of the patient or, if the patient is a minor or a
person who is incompetent, with the consent of a parent, guardian or other person legally
competent to consent in the patient's behalf, or the treatment is administered in an emergency
when the defendant believes that no one competent to consent can be consulted and that a
reasonable person, wishing to safeguard the welfare of the patient, would consent; or
(5) The defendant is a warden or other authorized official of a correctional institution, or a
superintendent, administrator or other authorized official of the Division of Youth Rehabilitative
Service, and:

a. The defendant believes that the force used is necessary for the purpose of enforcing the
lawful rules or procedures of the institution; and
b. The nature or degree of force used is not forbidden by any statute governing the
administration of the institution; and
c. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
(6) The defendant is a person responsible for the safety of a vessel or an aircraft or a person
acting at the responsible person's direction, and:
a. The defendant believes that the force used is necessary to prevent interference with the
operation of the vessel or aircraft or obstruction of the execution of a lawful order; and
b. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or
(7) The defendant is a person who is authorized or required by law to maintain order or
decorum in a vehicle, train or other carrier or in a place where others are assembled, and:
a. The defendant believes that the force used is necessary for such purpose; and
b. The force used is not designed to cause or known to create a substantial risk of causing death,
physical injury or extreme mental distress.
CREDIT(S)
58 Laws 1972, ch. 497, § 1; 68 Laws 1992, ch. 442, §§ 1, 2, 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 78 Laws
2012, ch. 224, §§ 12, 13, eff. April 19, 2012.

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Only defined in Juvenile Law

D.C. CODE § 16-2301 (2016). DEFINITIONS (JUVENILE CODE)
As used in this subchapter-
…..
(23)(A) The term "abused", when used with reference to a child, means:
(i) infliction of physical or mental injury upon a child;
(ii) sexual abuse or exploitation of a child; or
(iii) negligent treatment or maltreatment of a child.

(B)(i) The term "abused", when used with reference to a child, does not include discipline
administered by a parent, guardian or custodian to his or her child; provided, that the discipline
is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. For
the purposes of this paragraph, the term "discipline" does not include:
(I) burning, biting, or cutting a child;
(II) striking a child with a closed fist;
(III) inflicting injury to a child by shaking, kicking, or throwing the child;
(IV) nonaccidental injury to a child under the age of 18 months;
(V) interfering with a child's breathing; and
(VI) threatening a child with a dangerous weapon or using such a weapon on a child. For
purposes of this provision, the term "dangerous weapon" means a firearm, a knife, or any of the
prohibited weapons described in section 22- 4514.
(ii) The list in sub-subparagraph (i) of this subparagraph is illustrative of unacceptable discipline
and is not intended to be exclusive or exhaustive.
…..
CREDIT(S)
(Dec. 23, 1963, 77 Stat. 586, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 523, Pub. L. 91-358, title I, § 121(a); Sept. 23,
1977, D.C. Law 2-22, title I, § 110(a), 24 DCR 3341; Mar. 12, 1986, D.C. Law 6-90, § 2, 33 DCR 307; Mar. 15, 1990, D.C.
Law 8-87, § 4(a), 37 DCR 50; June 8, 1990, D.C. Law 8-134, § 2(a), 37 DCR 2613; Mar. 6, 1991, D.C. Law 8-200, § 2, 37
DCR 7334; Mar. 16, 1995, D.C. Law 10-227, § 3(a), 42 DCR 4; May 23, 1995, D.C. Law 10-257, § 401(e), 42 DCR 53; Apr.
18, 1996, D.C. Law 11-110, § 65, 43 DCR 530; Mar. 24, 1998, D.C. Law 12-81, § 10(u), 45 DCR 745; June 27, 2000, D.C.
Law 13-136, § 301(a)(1), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13- 277, § 3(a)(1), 48 DCR 2043; Oct. 19, 2002, D.C. Law
14-206, § 3(a), 49 DCR 7815; Mar. 13, 2004, D.C. Law 15-105, § 55, 51 DCR 881; Mar. 17, 2005, D.C. Law 15-261, §
202(a), 52 DCR 1188; Mar. 14, 2007, D.C. Law 16-274, § 2(a), 54 DCR 864; Sept. 12, 2008, D.C. Law 17-231, § 20(g), 55
DCR 6758; Mar. 8, 2011, D.C. Law 18-284, § 3(b), 57 DCR 10477; Sept. 26, 2012, D.C. Law 19-169, § 20(c)(2), 59 DCR
5567.)

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FLA. STAT. ANN. § 784.041 (2016): FELONY BATTERY; DOMESTIC BATTERY BY
STRANGULATION
(1) A person commits felony battery if he or she:
(a) Actually and intentionally touches or strikes another person against the will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent disfigurement.
(2)(a) A person commits domestic battery by strangulation if the person knowingly and
intentionally, against the will of another, impedes the normal breathing or circulation of the
blood of a family or household member or of a person with whom he or she is in a dating
relationship, so as to create a risk of or cause great bodily harm by applying pressure on the
throat or neck of the other person or by blocking the nose or mouth of the other person. This
paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is
authorized under the laws of this state.
(b) As used in this subsection, the term:
1. “Family or household member” has the same meaning as in s. 741.28.
2. “Dating relationship” means a continuing and significant relationship of a romantic or
intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CREDIT(S)
Added by Laws 1997, c. 97-183, § 1, eff. Oct. 1, 1997. Amended by Laws 2007, c. 2007-133, § 1, eff. Oct. 1, 2007.

Juvenile code.

FLA. STAT. ANN. § 39.01 (2016): DEFINITIONS (JUVENILE CODE)
When used in this chapter, unless the context otherwise requires:

(30) “Harm” to a child's health or welfare can occur when any person:
(a) Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. In
determining whether harm has occurred, the following factors must be considered in evaluating
any physical, mental, or emotional injury to a child: the age of the child; any prior history of
injuries to the child; the location of the injury on the body of the child; the multiplicity of the
injury; and the type of trauma inflicted. Such injury includes, but is not limited to:
1. Willful acts that produce the following specific injuries:
a. Sprains, dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs.
e. Asphyxiation, suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon.
g. Burns or scalding.
h. Cuts, lacerations, punctures, or bites.
i. Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
As used in this subparagraph, the term “willful” refers to the intent to perform an action, not to
the intent to achieve a result or to cause an injury.
2. Purposely giving a child poison, alcohol, drugs, or other substances that substantially affect
the child's behavior, motor coordination, or judgment or that result in sickness or internal injury.
For the purposes of this subparagraph, the term “drugs” means prescription drugs not
prescribed for the child or not administered as prescribed, and controlled substances as outlined
in Schedule I or Schedule II of s. 893.03.
3. Leaving a child without adult supervision or arrangement appropriate for the child's age or
mental or physical condition, so that the child is unable to care for the child's own needs or
another's basic needs or is unable to exercise good judgment in responding to any kind of
physical or emotional crisis.

4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury,
mental injury as defined in this section, or emotional injury. The significance of any injury must
be evaluated in light of the following factors: the age of the child; any prior history of injuries to
the child; the location of the injury on the body of the child; the multiplicity of the injury; and
the type of trauma inflicted. Corporal discipline may be considered excessive or abusive when it
results in any of the following or other similar injuries:
a. Sprains, dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs.
e. Asphyxiation, suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon.
g. Burns or scalding.
h. Cuts, lacerations, punctures, or bites.
i. Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
k. Significant bruises or welts.
…….
CREDIT(S)
Laws 1951, c. 26880, § 1; Laws 1967, c. 67-585, §§ 1, 2; Laws 1969, c. 69-106, §§ 19, 35; Laws 1969, c. 69-353, § 3;
Laws 1969, c. 69-365, § 4; Laws 1971, c. 71-117, § 1; Laws 1971, c. 71-130, § 1; Laws 1971, c. 71-355, § 10; Laws 1972,
c. 72-179, §§ 4, 5; Laws 1972, c. 72-404, §§ 19, 30; Laws 1973, c. 73-231, §§ 2, 23; Laws 1974, c. 74-368, § 1; Laws
1975, c. 75-48, §§ 15, 27, 28; Laws 1977, c. 77-147, § 4; Laws 1978, c. 78-414, § 2; Laws 1979, c. 79-164, § 9; Laws
1979, c. 79-203, § 2; Laws 1980, c. 80-290, § 1; Laws 1981, c. 81-218, §§ 1, 17; Laws 1984, c. 84-311, §§ 4, 15; Laws
1985, c. 85-80, § 4; Laws 1985, c. 85-206, § 2; Laws 1986, c. 86-220, §§ 73, 78; Laws 1987, c. 87-133, § 1; Laws 1987, c.
87-289, § 1; Laws 1987, c. 87-397, § 12; Laws 1988, c. 88-319, § 1; Laws 1988, c. 88-337, § 10; Laws 1990, c. 90-53, §
2; Laws 1990, c. 90-208, § 3; Laws 1990, c. 90-306, § 3; Laws 1990, c. 90-309, § 2; Laws 1991, c. 91-45, § 69; Laws
1991, c. 91-183, § 1; Laws 1992, c. 92-158, § 1; Laws 1992, c. 92-170, § 1; Laws 1992, c. 92-287, §§ 1, 4[1st], 14; Laws
1993, c. 93-39, § 13; Laws 1993, c. 93-230, § 6; Laws 1994, c. 94-164, § 1; Laws 1994, c. 94-209, § 11; Laws 1994, c. 94
232, § 50; Laws 1995, c. 95-147, § 1333; Laws 1995, c. 95-152, § 8; Laws 1995, c. 95-212, § 1; Laws 1995, c. 95-228, §
4; Laws 1995, c. 95-266, § 1; Laws 1995, c. 95-267, §§ 3, 43; Laws 1996, c. 96-369, § 3; Laws 1996, c. 96-398, § 2; Laws
1996, c. 96-402, § 20; Laws 1997, c. 97-96, § 23; Laws 1997, c. 97-101, § 158; Laws 1997, c. 97-190, § 44; Laws 1997, c.
97-234, § 4; Laws 1997, c. 97-238, § 111; Laws 1997, c. 97-276, § 1. Amended by Laws 1998, c. 98-49, § 1, eff. May 12, 1998; Laws 1998, c. 98-166, § 176, eff. July 1, 1998; Laws 1998, c. 98-280, § 7, eff. June 30, 1998; Laws 1998, c. 98
403, § 20, eff. Oct. 1, 1998; Laws 1999, c. 99-2, § 15, eff. June 29, 1999; Laws 1999, c. 99-168, § 3, eff. July 1, 1999;
Laws 1999, c. 99-186, § 2, eff. July 1, 1999; Laws 1999, c. 99-193, § 4, eff. July 1, 1999; Laws 2000, c. 2000-139, § 15,
eff. July 1, 2000; Laws 2000, c. 2000-188, § 2, eff. July 1, 2000; Laws 2000, c. 2000-318, § 82, eff. July 1, 2000; Laws
2000, c. 2000-320, § 9, eff. Oct. 1, 2000; Laws 2002, c. 2002-1, § 14, eff. May 21, 2002; Laws 2006, c. 2006-62, § 2, eff.
July 1, 2006; Laws 2006, c. 2006-86, § 1, eff. July 1, 2006; Laws 2006, c. 2006-194, § 4, eff. July 1, 2006; Laws 2007, c.
2007-124, § 4, eff. July 1, 2007; Laws 2008, c. 2008-90, § 1, eff. July 1, 2008; Laws 2008, c. 2008-154, § 1, eff. July 1,
2008; Laws 2008, c. 2008-245, § 1, eff. July 1, 2008; Laws 2009, c. 2009-21, § 1, eff. July 7, 2009; Laws 2012, c. 2012
105, § 3, eff. Jan. 1, 2013; Laws 2012, c. 2012-178, § 1, eff. July 1, 2012; Laws 2014, c. 2014-19, § 11, eff. July 1, 2014;
Laws 2014, c. 2014-224, § 3, eff. July 1, 2014.Current through Ch. 255 (End) of the 2014 Sp. "A" Sess. of the Twenty
Third Legislature

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Assault and Battery

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GA CODE§ 16-5-21 (2016). AGGRAVATED ASSAULT

(a) As used in this Code section, the term "strangulation" means impeding the normal breathing
or circulation of blood of another person by applying pressure to the throat or neck of such
person or by obstructing the nose and mouth of such person.
(b) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used
offensively against a person, is likely to or actually does result in serious bodily injury;
(3) With any object, device, or instrument which, when used offensively against a person, is
likely to or actually does result in strangulation; or
(4) A person or persons without legal justification by discharging a firearm from within a motor
vehicle toward a person or persons.
(c) Except as provided in subsections (d) through (m) of this Code section, a person convicted of
the offense of aggravated assault shall be punished by imprisonment for not less than one nor
more than 20 years.
(d) A person who knowingly commits the offense of aggravated assault upon a peace officer
while the peace officer is engaged in, or on account of the performance of, his or her official
duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor
more than 20 years.
(e) Any person who commits the offense of aggravated assault against a person who is 65 years
of age or older shall, upon conviction thereof, be punished by imprisonment for not less than
three nor more than 20 years.
(f)(1) As used in this subsection, the term "correctional officer" shall include superintendents,
wardens, deputy wardens, guards, and correctional officers of state, county, and municipal
penal institutions who are certified by the Georgia Peace Officer Standards and Training Council
pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are
known to be employees of the department or who have given reasonable identification of their
employment. The term "correctional officer" shall also include county jail officers who are
certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to
Chapter 8 of Title 35.

(2) A person who knowingly commits the offense of aggravated assault upon a correctional
officer while the correctional officer is engaged in, or on account of the performance of, his or
her official duties shall, upon conviction thereof, be punished by imprisonment for not less than
five nor more than 20 years.
(g) Any person who commits the offense of aggravated assault in a public transit vehicle or
station shall, upon conviction thereof, be punished by imprisonment for not less than three nor
more than 20 years. For purposes of this Code section, "public transit vehicle" has the same
meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of aggravated assault upon a person in the course of
violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle
engaged in commercial transportation of cargo or any appurtenance thereto, including without
limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo
being transported therein or thereon, shall upon conviction be punished by imprisonment for
not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than
$200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term
"vehicle" includes without limitation any railcar.
(i) Any person who commits the offense of aggravated assault involving the use of a firearm
upon a student or teacher or other school personnel within a school safety zone as defined in
Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not
less than five nor more than 20 years.
(j) Any person who commits the offense of aggravated assault involving the use of a firearm
upon a student or teacher or other school personnel within a school safety zone as defined in
paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be
punished by imprisonment for not less than five nor more than 20 years.
(k) If the offense of aggravated assault is committed between past or present spouses, persons
who are parents of the same child, parents and children, stepparents and stepchildren, foster
parents and foster children, or other persons excluding siblings living or formerly living in the
same household, the defendant shall be punished by imprisonment for not less than three nor
more than 20 years.
(l) Any person who commits the offense of aggravated assault with intent to rape against a child
under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the
sentencing and punishment provisions of Code Section 17-10-6.2.
(m) A person who knowingly commits the offense of aggravated assault upon an officer of the
court while such officer is engaged in, or on account of the performance of, his or her official
duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor
more than 20 years. As used in this subsection, the term "officer of the court" means a judge,
attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, or probation
officer.
(n) A person who knowingly commits the offense of aggravated assault upon an emergency
health worker while the worker is engaged in, or on account of the performance of, his or her
official duties shall, upon conviction thereof, be punished by imprisonment for not less than five
nor more than 20 years. As used in this subsection, the term "emergency health worker" means
hospital emergency department personnel and emergency medical services personnel.
CREDIT(S)
Laws 1833, Cobb's 1851 Digest, pp. 787-789; Laws 1840, Cobb's 1851 Digest, p. 788; Laws 1866, p. 151, § 1; Laws
1968, p. 1249, § 1; Laws 1976, p. 543, § 1; Laws 1982, p. 1242, § 2; Laws 1984, p. 900, § 1; Laws 1985, p. 628, § 1;
Laws 1991, p. 971, §§ 3, 4; Laws 1994, p. 1012, § 8; Laws 1994, p. 1920, §§ 1, 2; Laws 1996, p. 988, § 1; Laws 1997, p.
1453, § 1; Laws 1999, p. 381, § 3; Laws 2000, p. 1626, § 1; Laws 2003, Act 9, § 16, eff. May 14, 2003; Laws 2004, Act
793, § 1, eff. July 1, 2004; Laws 2006, Act 571, § 4, eff. July 1, 2006; Laws 2010, Act 646, § 1, eff. July 1, 2010; Laws
2011, Act 245, § 16, eff. May 13, 2011; Laws 2014, Act 575, § 2-2, eff. July 1, 2014; Laws 2014, Act 576, §§ 2, 3, eff.
July 1, 2014; Laws 2014, Act 604, § 3-1, eff. July 1, 2014.

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GUAM

GUAM CODE TIT. 10 § 2951 (2014). DEFINITIONS (ADULT PROTECTIVE SERVICES)
Definitions as used in this Article:
(a) Abandonment refers to the desertion of an elderly or adult with a disability by his or her
caregiver under circumstances in which a reasonable person would continue to provide care or
custody.
(b) Adult with a Disability is any person eighteen (18) years or older who:
(1) has a physical or mental impairment which substantially limits one (1) or more major life
activities; or
(2) has a history of, or has been classified as having, an impairment which substantially limits
one (1) or more major life activities.
(c) Bodily Injury means physical pain, illness, unconsciousness or any impairment of physical
condition, in accordance with Chapter 16 of Title 9 Guam Code Annotated.
(d) Bureau of Adult Protective Services means the "Bureau" established by § 2955 of this Article.
(e) Caregiver is any family member or any person, health facility, community care facility, clinic,
home health care agency or legal guardian who has the care or custody of the elderly or adult
with disability.
(f) Department refers to the Department of Public Health and Social Services.
(g) Desertion refers to the act by which a person abandons and forsakes, without justification, a
condition of public, social, or family life, renouncing its responsibilities and evading its duties.
(h) Elderly refers to a person age sixty (60) years or older.
(i) Elderly or Adult with a Disability Abuse means self-neglect or any one (1) or more of the
following acts inflicted on an elderly or adult with a disability by other than accidental means by
another person: physical abuse, neglect, or abandonment.
(j) Emotional or Psychological Abuse means fear, agitation, confusion, severe depression, or
other forms of serious emotional distress that is brought about by forms of intimidating
behavior, threats, harassment, or by deceptive acts or false or misleading statements made with
malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional
distress of the elderly or adult with a disability.
(k) Expunged means the sealing of records to all persons outside of the Bureau of Adult
Protective Services and law enforcement agencies of Guam, and the federal agencies entitled
thereto, and a refusal by such agencies to admit the existence of such records to persons not
entitled to examine them.
(l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a
disability's money, property, or other resources for monetary or personal benefit, profit or gain.
This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent
deprivation of money or property belonging to the elderly or adult with a disability.
(m) Investigation means that activity undertaken to determine the validity of a report of elderly
or adult with a disability abuse.
(n) Major Life Activities include, but are not limited to: caring for oneself, performing manual
tasks, standing, walking, seeing, hearing, eating, sleeping, lifting, bending, speaking, breathing,
learning, reading, concentrating, thinking and working.
(o) Neglect means the failure of a reasonable caregiver to provide for the physical, mental or
emotional health and well-being of the elderly or adult with a disability and includes, but is not
limited to:
(1) Failure to assist or provide personal hygiene for the elderly or adult with a disability.
(2) Failure to provide adequate food, water, clothing or shelter.
(3) Failure to provide medical care for the physical and mental health of the elderly or adult with
a disability. No person shall be deemed neglected or abused for the sole reason that he or she
voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical
treatment.
(4) Failure to protect an elderly or adult with a disability from health, safety hazards, or physical
harm.
(p) Physical Abuse means the willful infliction of or omission which results in physical harm. It
includes, but is not limited to, cruel punishment resulting in physical harm or pain or mental
anguish, such as direct beatings, slapping, kicking, biting, choking, burning or unreasonable
physical restraint or confinement resulting in physical injury.
(q) Physical Harm means bodily pain, injury, impairment or disease.
(r) Self-Neglect Abuse is characterized as the behavior of an elderly or adult with a disability that
threatens his/her own health or safety. Self-neglect generally manifests itself when an elderly or
adult with a disability refuses to provide him/herself with adequate food, clothing, shelter,
personal hygiene, medication (when indicated), and safety precautions. The definition of self
neglect excludes a situation in which a mentally competent elderly or adult with a disability,
who understands the consequences of his/her decisions, makes a conscious and voluntary
decision to engage in acts that threaten his/her health or safety as a matter of personal choice.
(s) Serious Abuse means an act or omission resulting in serious bodily injury which creates:
serious permanent disfigurement; a substantial risk of death or serious, permanent
disfigurement; severe or intense physical pain or protracted loss or impairment of consciousness
or of the function of any bodily member or organ, as defined in Chapter 16 of Title 9, Guam
Code Annotated; or sexual offenses pursuant to Chapter 25 of Title 9, Guam Code Annotated.
(t) Sexual Abuse means any form of non-consensual sexual contact, including but not limited to,
unwanted or inappropriate sexual gratification, touching, rape, sodomy, sexual coercion,
sexually explicit photographing, sexual harassment, involuntary exposure to sexually explicit
material or language, and as defined in the penal code of Guam.
(u) Substantiated Report means a report made pursuant to this Chapter, if an investigation by
the Bureau of Adult Protective Services, or its authorized agency, determines that there is
sufficient evidence to support the existence of the abuse or neglect.
(v) Unsubstantiated Report means a report made pursuant to this Chapter, if an investigation by
the Bureau of Adult Protective Services or its authorized agency determines that there is
insufficient or inconclusive evidence of abuse, but existence of the abuse cannot be disproved to
the satisfaction of the Bureau of Adult Protective Services.
SOURCE: Added by P.L. 19-054:1; Subsection (m) added by P.L. 21-033:10, subsequent subsections were re-lettered.
Repealed and reenacted by P.L. 31- 278:3 (Dec. 28, 2012).
10 G.C.A. § 2951, GU ST T. 10, § 2951Current through Public Law 31-285

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HAW. REV. STAT. § 709-906 (2016): ABUSE OF FAMILY OR HOUSEHOLD MEMBERS;
PENALTY
1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or
household member or to refuse compliance with the lawful order of a police officer under
subsection (4). The police, in investigating any complaint of abuse of a family or household
member, upon request, may transport the abused person to a hospital or safe shelter.
For the purposes of this section, "family or household member" means spouses or reciprocal
beneficiaries, former spouses or reciprocal beneficiaries, persons in a dating relationship as
defined under section 586-1, persons who have a child in common, parents, children, persons
related by consanguinity, and persons jointly residing or formerly residing in the same dwelling
unit.
(2) Any police officer, with or without a warrant, may arrest a person if the officer has
reasonable grounds to believe that the person is physically abusing, or has physically abused, a
family or household member and that the person arrested is guilty thereof.

(3) A police officer who has reasonable grounds to believe that the person is physically abusing,
or has physically abused, a family or household member shall prepare a written report.
(4) Any police officer, with or without a warrant, shall take the following course of action,
regardless of whether the physical abuse or harm occurred in the officer's presence:
(a) The police officer shall make reasonable inquiry of the family or household member upon
whom the officer believes physical abuse or harm has been inflicted and other witnesses as
there may be;
(b) The police officer lawfully shall order the person who the police officer reasonably believes
to have inflicted the abuse to leave the premises for a period of separation of forty-eight hours,
during which time the person shall not initiate any contact, either by telephone or in person,
with the family or household member; provided that the person is allowed to enter the
premises with police escort to collect any necessary personal effects;
(c) When the incident occurs after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or legal
holiday, the order to leave the premises and to initiate no further contact shall commence
immediately and be in full force, but the forty-eight hour period shall be enlarged and extended
until 4:30 p.m. on the first day following the weekend or legal holiday;
(d) All persons who are ordered to leave as stated above shall be given a written warning
citation stating the date, time, and location of the warning and stating the penalties for violating
the warning. A copy of the warning citation shall be retained by the police officer and attached
to a written report which shall be submitted in all cases. A third copy of the warning citation
shall be given to the abused person;
(e) If the person so ordered refuses to comply with the order to leave the premises or returns to
the premises before the expiration of the period of separation, or if the person so ordered
initiates any contact with the abused person, the person shall be placed under arrest for the
purpose of preventing further physical abuse or harm to the family or household member; and
(f) The police officer shall seize all firearms and ammunition that the police officer has
reasonable grounds to believe were used or threatened to be used in the commission of an
offense under this section.
(5) Abuse of a family or household member and refusal to comply with the lawful order of a
police officer under subsection (4) are misdemeanors and the person shall be sentenced as
follows:
(a) For the first offense the person shall serve a minimum jail sentence of forty-eight hours; and

(b) For a second offense that occurs within one year of the first conviction, the person shall be
termed a "repeat offender" and serve a minimum jail sentence of thirty days.
Upon conviction and sentencing of the defendant, the court shall order that the defendant
immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that
the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may
stay the imposition of the sentence if special circumstances exist.
(6) Whenever a court sentences a person pursuant to subsection (5), it also shall require that
the offender undergo any available domestic violence intervention programs ordered by the
court. However, the court may suspend any portion of a jail sentence, except for the mandatory
sentences under subsection (5)(a) and (b), upon the condition that the defendant remain arrest
free and conviction-free or complete court-ordered intervention.
(7) For a third or any subsequent offense that occurs within two years of a second or
subsequent conviction, the offense shall be a class C felony.
(8) Where the physical abuse consists of intentionally or knowingly impeding the normal
breathing or circulation of the blood of the family or household member by applying pressure
on the throat or the neck, abuse of a family or household member is a class C felony.
(9) Where physical abuse occurs in the presence of any family or household member who is less
than fourteen years of age, abuse of a family or household member is a class C felony.
(10) Any police officer who arrests a person pursuant to this section shall not be subject to any
civil or criminal liability; provided that the police officer acts in good faith, upon reasonable
belief, and does not exercise unreasonable force in effecting the arrest.
(11) The family or household member who has been physically abused or harmed by another
person may petition the family court, with the assistance of the prosecuting attorney of the
applicable county, for a penal summons or arrest warrant to issue forthwith or may file a
criminal complaint through the prosecuting attorney of the applicable county.
(12) The respondent shall be taken into custody and brought before the family court at the first
possible opportunity. The court may dismiss the petition or hold the respondent in custody,
subject to bail. Where the petition is not dismissed, a hearing shall be set.
(13) This section shall not operate as a bar against prosecution under any other section of this
Code in lieu of prosecution for abuse of a family or household member.

(14) It shall be the duty of the prosecuting attorney of the applicable county to assist any victim
under this section in the preparation of the penal summons or arrest warrant.
(15) This section shall not preclude the physically abused or harmed family or household
member from pursuing any other remedy under law or in equity.
(16) When a person is ordered by the court to undergo any domestic violence intervention, that
person shall provide adequate proof of compliance with the court's order. The court shall order
a subsequent hearing at which the person is required to make an appearance, on a date certain,
to determine whether the person has completed the ordered domestic violence intervention.
The court may waive the subsequent hearing and appearance where a court officer has
established that the person has completed the intervention ordered by the court.
CREDIT(S)
Laws 1973, ch. 189, § 1; Laws 1980, ch. 106, § 1; Laws 1980, ch. 266, § 2; Laws 1981, ch. 82, §
37; Laws 1983, ch. 248, § 1; Laws 1985, ch. 143, § 1; Laws 1986, ch. 244, § 1; Laws 1987, ch. 360,
§ 1; Laws 1991, ch. 215, §§ 2, 4; Laws 1991, ch. 257, §§ 1, 2; Laws 1992, ch. 290, § 7; Laws 1994,
ch. 182, §§ 1, 3; Laws 1995, ch. 116, § 1; Laws 1996, ch. 201, § 2; Laws 1997, ch. 321, § 1; Laws
1997, ch. 323, § 1; Laws 1997, ch. 383, § 70; Laws 1998, ch. 172, § 8; Laws 1999, ch. 18, § 18;
Laws 2002, ch. 5, § 1; Laws 2006, ch. 230, § 46; Laws 2012, ch. 205, § 1, eff. July 3, 2012; Laws
2013, ch. 251, § 1, eff. July 1, 2013; Laws 2014, ch. 117, § 1, eff. June 20, 2014.

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IDAHO CODE ANN. § 18-923 (2016): ATTEMPTED STRANGULATION
(1) Any person who willfully and unlawfully chokes or attempts to strangle a household
member, or a person with whom he or she has or had a dating relationship, is guilty of a felony
punishable by incarceration for up to fifteen (15) years in the state prison.
(2) No injuries are required to prove attempted strangulation.
(3) The prosecution is not required to show that the defendant intended to kill or injure the
victim. The only intent required is the intent to choke or attempt to strangle.

(4) “Household member” assumes the same definition as set forth in section 18-918(1)(a), Idaho
Code.
(5) “Dating relationship” assumes the same definition as set forth in section 39-6303(2), Idaho
Code.
CREDIT(S)
S.L. 2005, ch. 303, § 1.

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720 ILL. COMP. STAT. ANN. 5/12-3.05 (2016): AGGRAVATED BATTERY
(a) Offense based on injury. A person commits aggravated battery when, in committing a
battery, other than by the discharge of a firearm, he or she knowingly does any of the following:
(1) Causes great bodily harm or permanent disability or disfigurement.
(2) Causes severe and permanent disability, great bodily harm, or disfigurement by means of a
caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or
agent, a radioactive substance, or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or disfigurement to an individual whom the
person knows to be a peace officer, community policing volunteer, fireman, private security
officer, correctional institution employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her official duties; or
(iii) battered in retaliation for performing his or her official duties.
(4) Causes great bodily harm or permanent disability or disfigurement to an individual 60 years
of age or older.
(5) Strangles another individual.
…………
(h) Sentence. Unless otherwise provided, aggravated battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4), (d)(4), or (g)(3) is a Class 2 felony.

Aggravated battery as defined in subdivision (a)(3) or (g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a Class 1 felony when the aggravated
battery was intentional and involved the infliction of torture, as defined in paragraph (14) of
subsection (b) of Section 9-1 of this Code, as the infliction of or subjection to extreme physical
pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the victim.
Aggravated battery under subdivision (a)(5) is a Class 1 felony if:
(A) the person used or attempted to use a dangerous instrument while committing the offense;
or
(B) the person caused great bodily harm or permanent disability or disfigurement to the other
person while committing the offense; or
(C) the person has been previously convicted of a violation of subdivision (a)(5) under the laws
of this State or laws similar to subdivision (a)(5) of any other state.
Aggravated battery as defined in subdivision (e)(1) is a Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be
sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be
sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.
Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a
person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum
of 60 years.
Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a
person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum
of 60 years.

Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:
(1) if the person committed the offense while armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(2) if, during the commission of the offense, the person personally discharged a firearm, 20
years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person personally discharged a firearm that
proximately caused great bodily harm, permanent disability, permanent disfigurement, or death
to another person, 25 years or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in
Section 1 of the Domestic Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic
Violence Act of 1986.
"Domestic violence shelter" means any building or other structure used to provide shelter or
other services to victims or to the dependent children of victims of domestic violence pursuant
to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place
within 500 feet of such a building or other structure in the case of a person who is going to or
from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the Firearm Owners Identification
Card Act, and does not include an air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section 24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1 of this Code.

"Strangle" means intentionally impeding the normal breathing or circulation of the blood of an
individual by applying pressure on the throat or neck of that individual or by blocking the nose
or mouth of that individual.
CREDIT(S)
Laws 1961, p. 1983, § 12-4, eff. Jan. 1, 1962. Amended by Laws 1961, p. 2457, § 1, eff. Aug. 1, 1961; Laws 1965, p.
294, § 1, eff. July 1, 1965; Laws 1965, p. 854, § 1, eff. July 1, 1965; Laws 1967, p. 341, § 1, eff. July 1, 1967; Laws 1967,
p. 2595, § 1, eff. Aug. 3, 1967; Laws 1967, p. 3514, § 1, eff. Sept. 1, 1967; Laws 1968, p. 99, § 1, eff. Aug. 17, 1968;
Laws 1968, p. 166, § 1, eff. Aug. 20, 1968; P.A. 76-836, § 1, eff. Aug. 19, 1969; P.A. 77-2638, § 1, eff. Jan. 1, 1973; P.A.
79-1001, § 1, eff. Oct. 1, 1975; P.A. 81-175, § 1, eff. Aug. 13, 1979; P.A. 81-571, § 1, eff. Sept. 14, 1979; P.A. 81-763, §
1, eff. Sept. 16, 1979; P.A. 81- 925, § 1, eff. Sept. 22, 1979; P.A. 81-1509, Art. I, § 23, eff. Sept. 26, 1980; P.A. 83-423, §
1, eff. Jan. 1, 1984; P.A. 84-1083, § 1, eff. Dec. 2, 1985; P.A. 85-996, § 1, eff. July 1, 1988; P.A. 86-979, § 1, eff. July 1,
1990; P.A. 86-980, § 2, eff. July 1, 1990; P.A. 86- 1028, Art. II, § 2-19, eff. Feb. 5, 1990; P.A. 87-921, § 1, eff. Jan. 1,
1993; P.A. 87-1083, § 1, eff. Jan. 1, 1993; P.A. 88-45, Art. II, § 2- 57, eff. July 6, 1993; P.A. 88-433, § 5, eff. Jan. 1, 1994;
P.A. 89- 507, Art. 90, § 90L-93, eff. July 1, 1997; P.A. 90-115, § 5, eff. Jan. 1, 1998; P.A. 90-651, § 5, eff. Jan. 1, 1999;
P.A. 90-735, § 5, eff. Aug. 11, 1998; P.A. 91-357, § 237, eff. July 29, 1999; P.A. 91-488, § 5, eff. Jan. 1, 2000; P.A. 91
619, § 5, eff. Jan. 1, 2000; P.A. 91-672, § 5, eff. Jan. 1, 2000; P.A. 92-16, § 88, eff. June 28, 2001; P.A. 92- 516, § 5, eff.
Jan. 1, 2002; P.A. 92-841, § 5, eff. Aug. 22, 2002; P.A. 92-865, § 5, eff. Jan. 3, 2003; P.A. 93-83, § 5, eff. July 2, 2003;
P.A. 94-243, § 5, eff. Jan. 1, 2006; P.A. 94-327, § 5, eff. Jan. 1, 2006; P.A. 94-333, § 5, eff. July 26, 2005; P.A. 94-363, §
5, eff. July 29, 2005; P.A. 94-482, § 5, eff. Jan. 1, 2006; P.A. 95-236, § 5, eff. Jan. 1, 2008; P.A. 95-256, § 5, eff. Jan. 1,
2008; P.A. 95-331, § 1030, eff. Aug. 21, 2007; P.A. 95-429, § 5, eff. Jan. 1, 2008; P.A. 95-748, § 5, eff. Jan. 1, 2009; P.A.
95-876, § 315, eff. Aug. 21, 2008; P.A. 96- 201, § 5, eff. Aug. 10, 2009; P.A. 96-363, § 5, eff. Aug. 13, 2009; P.A. 96
1000, § 600, eff. July 2, 2010. Renumbered and amended as § 12-3.05 by P.A. 96-1551, Art. 1, § 5, eff. July 1, 2011.
Amended by P.A. 97-313, § 5, eff. Jan. 1, 2012; P.A. 97-467, § 5, eff. Jan. 1, 2012; P.A. 97- 597, § 5, eff. Jan. 1, 2012;
P.A. 97-1109, § 15-55, eff. Jan. 1, 2013; P.A. 98-369, § 5, eff. Jan. 1, 2014; P.A. 98-385, § 5, eff. Jan. 1, 2014; P.A. 98
756, § 695, eff. July 16, 2014.
720 ILL. COMP. STAT. ANN. 5/12-3.3 (2016): AGGRAVATED DOMESTIC BATTERY
(a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or
permanent disability or disfigurement commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits
aggravated domestic battery. For the purposes of this subsection (a-5), “strangle” means
intentionally impeding the normal breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or by blocking the nose or mouth of
that individual.
(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or
conditional discharge entered following a conviction for an offense under this Section must
include, in addition to any other condition of probation or conditional discharge, a condition
that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days.
A person convicted of a second or subsequent violation of this Section must be sentenced to a
mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.
(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally
or in writing, substantially as follows: “An individual convicted of aggravated domestic battery
may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving
any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9)).” A notation shall be made in the court file that the admonition was given.
CREDIT(S)
Laws 1961, p. 1983, § 12-3.3, added by P.A. 91-445, § 5, eff. Jan. 1, 2000. Amended by P.A. 96-287, § 5, eff. Aug. 11,
2009; P.A. 96-363, § 5, eff. Aug. 13, 2009; P.A. 96-1000, § 600, eff. July 2, 2010; P.A. 96-1551, Art. 1, § 5, eff. July 1,
2011.
725 ILL. COMP. STAT. ANN. § 110-5 (2016). DETERMINING THE AMOUNT OF BAIL AND
CONDITIONS OF RELEASE.
(a) In determining the amount of monetary bail or conditions of release, if any, which will
reasonably assure the appearance of a defendant as required or the safety of any other person
or the community and the likelihood of compliance by the defendant with all the conditions of
bail, the court shall, on the basis of available information, take into account such matters as the
nature and circumstances of the offense charged, whether the evidence shows that as part of
the offense there was a use of violence or threatened use of violence, whether the offense
involved corruption of public officials or employees, whether there was physical harm or threats
of physical harm to any public official, public employee, judge, prosecutor, juror or witness,
senior citizen, child or handicapped person, whether evidence shows that during the offense or
during the arrest the defendant possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by the defendant's membership in or
allegiance to an organized gang, the condition of the victim, any written statement submitted by
the victim or proffer or representation by the State regarding the impact which the alleged
criminal conduct has had on the victim and the victim's concern, if any, with further contact with
the defendant if released on bail, whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the weight of the evidence against such
defendant, whether there exists motivation or ability to flee, whether there is any verification as
to prior residence, education, or family ties in the local jurisdiction, in another county, state or
foreign country, the defendant's employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug testing in accordance with Section
110-6.5, whether a foreign national defendant is lawfully admitted in the United States of America, whether the government of the foreign national maintains an extradition treaty with
the United States by which the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the United States, whether the defendant
is currently subject to deportation or exclusion under the immigration laws of the United States,
whether the defendant, although a United States citizen, is considered under the law of any
foreign state a national of that state for the purposes of extradition or non-extradition to the
United States, the amount of unrecovered proceeds lost as a result of the alleged offense, the
source of bail funds tendered or sought to be tendered for bail, whether from the totality of the
court's consideration, the loss of funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the defendant is engaged in significant
possession, manufacture, or delivery of a controlled substance or cannabis, either individually or
in consort with others, whether at the time of the offense charged he or she was on bond or
pre-trial release pending trial, probation, periodic imprisonment or conditional discharge
pursuant to this Code or the comparable Code of any other state or federal jurisdiction, whether
the defendant is on bond or pre-trial release pending the imposition or execution of sentence or
appeal of sentence for any offense under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare release, mandatory supervised
release, or work release from the Illinois Department of Corrections or Illinois Department of
Juvenile Justice or any penal institution or corrections department of any state or federal
jurisdiction, the defendant's record of convictions, whether the defendant has been convicted of
a misdemeanor or ordinance offense in Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge or convicted of a felony in Illinois,
whether the defendant was convicted of an offense in another state or federal jurisdiction that
would be a felony if committed in Illinois within the 20 years preceding the current charge or
has been convicted of such felony and released from the penitentiary within 20 years preceding
the current charge if a penitentiary sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication of delinquency in any jurisdiction,
any record of appearance or failure to appear by the defendant at court proceedings, whether
there was flight to avoid arrest or prosecution, whether the defendant escaped or attempted to
escape to avoid arrest, whether the defendant refused to identify himself or herself, or whether
there was a refusal by the defendant to be fingerprinted as required by law. Information used by
the court in its findings or stated in or offered in connection with this Section may be by way of
proffer based upon reliable information offered by the State or defendant. All evidence shall be
admissible if it is relevant and reliable regardless of whether it would be admissible under the
rules of evidence applicable at criminal trials. If the State presents evidence that the offense
committed by the defendant was related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership in or allegiance to an
organized gang, and if the court determines that the evidence may be substantiated, the court
shall prohibit the defendant from associating with other members of the organized gang as a
condition of bail or release. For the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Street gang Terrorism Omnibus Prevention Act.
(b) The amount of bail shall be:(1) Sufficient to assure compliance with the conditions set forth in the bail bond, which shall
include the defendant's current address with a written admonishment to the defendant that he
or she must comply with the provisions of Section 110-12 regarding any change in his or her
address. The defendant's address shall at all times remain a matter of public record with the
clerk of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the accused.
(4) When a person is charged with a drug related offense involving possession or delivery of
cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control
Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community
Protection Act, the full street value of the drugs seized shall be considered. "Street value" shall
be determined by the court on the basis of a proffer by the State based upon reliable
information of a law enforcement official contained in a written report as to the amount seized
and such proffer may be used by the court as to the current street value of the smallest unit of
the drug seized.
(b-5) Upon the filing of a written request demonstrating reasonable cause, the State's Attorney
may request a source of bail hearing either before or after the posting of any funds. If the
hearing is granted, before the posting of any bail, the accused must file a written notice
requesting that the court conduct a source of bail hearing. The notice must be accompanied by
justifying affidavits stating the legitimate and lawful source of funds for bail. At the hearing, the
court shall inquire into any matters stated in any justifying affidavits, and may also inquire into
matters appropriate to the determination which shall include, but are not limited to, the
following:
(1) the background, character, reputation, and relationship to the accused of any surety; and
(2) the source of any money or property deposited by any surety, and whether any such money
or property constitutes the fruits of criminal or unlawful conduct; and
(3) the source of any money posted as cash bail, and whether any such money constitutes the
fruits of criminal or unlawful conduct; and
(4) the background, character, reputation, and relationship to the accused of the person posting
cash bail.
Upon setting the hearing, the court shall examine, under oath, any persons who may possess
material information.
The State's Attorney has a right to attend the hearing, to call witnesses and to examine any
witness in the proceeding. The court shall, upon request of the State's Attorney, continue the
proceedings for a reasonable period to allow the State's Attorney to investigate the matter
raised in any testimony or affidavit. If the hearing is granted after the accused has posted bail,
the court shall conduct a hearing consistent with this subsection (b-5). At the conclusion of the
hearing, the court must issue an order either approving of disapproving the bail.

(c) When a person is charged with an offense punishable by fine only the amount of the bail
shall not exceed double the amount of the maximum penalty.
(d) When a person has been convicted of an offense and only a fine has been imposed the
amount of the bail shall not exceed double the amount of the fine.
(e) The State may appeal any order granting bail or setting a given amount for bail.
(f) When a person is charged with a violation of an order of protection under Section 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of 2012,
(1) whether the alleged incident involved harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(2) whether the person has a history of domestic violence, as defined in the Illinois Domestic
Violence Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a threat to any other person;
(6) whether the person has access to deadly weapons or a history of using deadly weapons;
(7) whether the person has a history of abusing alcohol or any controlled substance;
(8) based on the severity of the alleged incident that is the basis of the alleged offense,
including, but not limited to, the duration of the current incident, and whether the alleged
incident involved physical injury, sexual assault, strangulation, abuse during the alleged victim's
pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the alleged victim or a termination of the
relationship between the person and the alleged victim has recently occurred or is pending;
(10) whether the person has exhibited obsessive or controlling behaviors toward the alleged
victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim or
victim's family member or members;
(11) whether the person has expressed suicidal or homicidal ideations;
(12) based on any information contained in the complaint and any police reports, affidavits, or
other documents accompanying the complaint, the court may, in its discretion, order the
respondent to undergo a risk assessment evaluation conducted by an Illinois Department of
Human Services approved partner abuse intervention program provider, pretrial service,
probation, or parole agency. These agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or information, for the risk evaluation.
Based on the information collected from the 12 points to be considered at a bail hearing for a
violation of an order of protection, the results of any risk evaluation conducted and the other
circumstances of the violation, the court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section 5-8A-7 of the Unified Code of
Corrections.

CREDIT(S)
Laws 1963, p. 2836, § 110-5, eff. Jan. 1, 1964. Amended by P.A. 82-449, § 1, eff. Jan. 1, 1982;
P.A. 82-1027, § 1, eff. Dec. 15, 1982; P.A. 84-945, § 2, eff. Sept. 25, 1985; P.A. 85-513, § 1, eff.
Jan. 1, 1988; P.A. 86-984, § 1, eff. Dec. 13, 1989; P.A. 88-677, § 30, eff. Dec. 15, 1994; P.A. 88
679, § 30, eff. July 1, 1995; P.A. 89-235, Art. 2, § 2-140, eff. Aug. 4, 1995; P.A. 89-377, § 20, eff.
Aug. 18, 1995; P.A. 93-254, § 5, eff. Jan. 1, 2004; P.A. 93-817, § 5, eff. July 27, 2004; P.A. 94-556,
§ 1080, eff. Sept. 11, 2005; P.A. 95-773, § 20, eff. Jan. 1, 2009; P.A. 96-688, § 10, eff. Aug. 25,
2009; P.A. 96-1551, Art. 1, § 965, eff. July 1, 2011; P.A. 97-1150, § 635, eff. Jan. 25, 2013; P.A.
98-558, § 80, eff. Jan. 1, 2014.

725 ILL. COMP. STAT. ANN. 5/110-5.1 (2016): BAIL; CERTAIN PERSONS CHARGED WITH
VIOLENT CRIMES AGAINST FAMILY OR HOUSEHOLD MEMBERS
(a) Subject to subsection (c), a person who is charged with a violent crime shall appear before
the court for the setting of bail if the alleged victim was a family or household member at the
time of the alleged offense, and if any of the following applies:
(1) the person charged, at the time of the alleged offense, was subject to the terms of an order
of protection issued under Section 112A-14 of this Code or Section 214 of the Illinois Domestic
Violence Act of 1986 or previously was convicted of a violation of an order of protection under
Section 12-3.4 or 12- 30 of the Criminal Code of 1961 or the Criminal Code of 2012 or a violent
crime if the victim was a family or household member at the time of the offense or a violation of
a substantially similar municipal ordinance or law of this or any other state or the United States
if the victim was a family or household member at the time of the offense;
(2) the arresting officer indicates in a police report or other document accompanying the
complaint any of the following:
(A) that the arresting officer observed on the alleged victim objective manifestations of physical
harm that the arresting officer reasonably believes are a result of the alleged offense;
(B) that the arresting officer reasonably believes that the person had on the person's person at
the time of the alleged offense a deadly weapon;
(C) that the arresting officer reasonably believes that the person presents a credible threat of
serious physical harm to the alleged victim or to any other person if released on bail before trial.
(b) To the extent that information about any of the following is available to the court, the court
shall consider all of the following, in addition to any other circumstances considered by the
court, before setting bail for a person who appears before the court pursuant to subsection (a):
(1) whether the person has a history of domestic violence or a history of other violent acts;
(2) the mental health of the person;
(3) whether the person has a history of violating the orders of any court or governmental entity;
(4) whether the person is potentially a threat to any other person;
(5) whether the person has access to deadly weapons or a history of using deadly weapons;

(6) whether the person has a history of abusing alcohol or any controlled substance;
(7) the severity of the alleged violence that is the basis of the alleged offense, including, but not
limited to, the duration of the alleged violent incident, and whether the alleged violent incident
involved serious physical injury, sexual assault, strangulation, abuse during the alleged victim's
pregnancy, abuse of pets, or forcible entry to gain access to the alleged victim;
(8) whether a separation of the person from the alleged victim or a termination of the
relationship between the person and the alleged victim has recently occurred or is pending;
(9) whether the person has exhibited obsessive or controlling behaviors toward the alleged
victim, including, but not limited to, stalking, surveillance, or isolation of the alleged victim;
(10) whether the person has expressed suicidal or homicidal ideations;
(11) any information contained in the complaint and any police reports, affidavits, or other
documents accompanying the complaint.
(c) Upon the court's own motion or the motion of a party and upon any terms that the court
may direct, a court may permit a person who is required to appear before it by subsection (a) to
appear by video conferencing equipment. If, in the opinion of the court, the appearance in
person or by video conferencing equipment of a person who is charged with a misdemeanor and
who is required to appear before the court by subsection (a) is not practicable, the court may
waive the appearance and release the person on bail on one or both of the following types of
bail in an amount set by the court:
(1) a bail bond secured by a deposit of 10% of the amount of the bond in cash;
(2) a surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of
cash, at the option of the person.
Subsection (a) does not create a right in a person to appear before the court for the setting of
bail or prohibit a court from requiring any person charged with a violent crime who is not
described in subsection (a) from appearing before the court for the setting of bail.
(d) As used in this Section:
(1) "Violent crime" has the meaning ascribed to it in Section 3 of the Rights of Crime Victims and
Witnesses Act.
(2) "Family or household member" has the meaning ascribed to it in Section 112A-3 of this Code.
CREDIT(S)
Laws 1963, p. 2836, § 110-5.1, added by P.A. 94-878, § 5, eff. Jan. 1, 2007. Amended by P.A. 96-1551, Art. 1, § 965,
eff. July 1, 2011; P.A. 97-1150, § 635, eff. Jan. 25, 2013.

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IND. CODE §35-42-2-9 (2016). STRANGULATION

Sec. 9. (a) This section does not apply to a medical procedure.
(b) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat or neck of another person; or
(2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood circulation of the other person
commits strangulation, a Level 6 felony.
CREDIT(S)
As added by P.L.129-2006, SEC.2. Amended by P.L.158-2013, SEC.432, eff. July 1, 2014.
IND. CODE §12-7-2-53.2 (2016). "DANGEROUS FELONY"
Sec. 53.2. "Dangerous felony", for purposes of IC 12-17.2, means one (1) or more of the
following felonies:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony (for a crime committed before July 1,
2014) or a Level 1 felony (for a crime committed after June 30, 2014) under IC 35-42-4-9(a)(2) or
a Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime
committed after June 30, 2014) under IC 35-42-4-9(b)(2).

(12) Robbery as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level
2 or Level 3 felony (for a crime committed after June 30, 2014) (IC 35-42-5-1).
(13) Burglary as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level
2 or Level 3 felony (for a crime committed after June 30, 2014) (IC 35-43-2-1).
(14) Battery as a felony (IC 35-42-2-1).
(15) Domestic battery (IC 35-42-2-1.3).
(16) Strangulation (IC 35-42-2-9).
(17) Criminal confinement (IC 35-42-3-3).
(18) Sexual battery (IC 35-42-4-8).
(19) A felony committed in another jurisdiction that is substantially similar to a felony in this
section.
(20) An attempt to commit or a conspiracy to commit an offense listed in subdivisions (1)
through (19).
CREDIT(S)
As added by P.L.287-2013, SEC.2, eff. July 1, 2013. Amended by P.L.168- 2014, SEC.27, eff. July 1, 2014.

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IOWA CODE§ 236.12 (2016). PREVENTION OF FURTHER ABUSE--NOTIFICATION OF
RIGHTS--ARREST-- LIABILITY
1. If a peace officer has reason to believe that domestic abuse has occurred, the officer shall use
all reasonable means to prevent further abuse including but not limited to the following:
a. If requested, remaining on the scene as long as there is a danger to an abused person's
physical safety without the presence of a peace officer, including but not limited to staying in
the dwelling unit, or if unable to remain on the scene, assisting the person in leaving the
residence.
b. Assisting an abused person in obtaining medical treatment necessitated by an assault,
including providing assistance to the abused person in obtaining transportation to the
emergency room of the nearest hospital.
c. Providing an abused person with immediate and adequate notice of the person's rights. The
notice shall consist of handing the person a document that includes the telephone numbers of
shelters, support groups, and crisis lines operating in the area and contains a copy of the
following statement written in English and Spanish; asking the person to read the card; and
asking whether the person understands the rights:
You have the right to ask the court for the following help on a temporary basis:
(1) Keeping your attacker away from you, your home and your place of work.
(2) The right to stay at your home without interference from your attacker.
(3) Getting custody of children and obtaining support for yourself and your minor children if
your attacker is legally required to provide such support.

(4) Professional counseling for you, the children who are members of the household, and the
defendant.
You have the right to seek help from the court to seek a protective order with or without the
assistance of legal representation. You have the right to seek help from the courts without the
payment of court costs if you do not have sufficient funds to pay the costs.
You have the right to file criminal charges for threats, assaults, or other related crimes.
You have the right to seek restitution against your attacker for harm to yourself or your
property.
If you are in need of medical treatment, you have the right to request that the officer present
assist you in obtaining transportation to the nearest hospital or otherwise assist you.
If you believe that police protection is needed for your physical safety, you have the right to
request that the officer present remain at the scene until you and other affected parties can
leave or until safety is otherwise ensured.
2. a. A peace officer may, with or without a warrant, arrest a person under section 708.2A,
subsection 2, paragraph "a", if, upon investigation, including a reasonable inquiry of the alleged
victim and other witnesses, if any, the officer has probable cause to believe that a domestic
abuse assault has been committed which did not result in any injury to the alleged victim.
b. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant,
arrest a person under section 708.2A, subsection 2, paragraph "b", if, upon investigation,
including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has
probable cause to believe that a domestic abuse assault has been committed which resulted in
the alleged victim's suffering a bodily injury.
c. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant,
arrest a person under section 708.2A, subsection 2, paragraph "c", if, upon investigation,
including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has
probable cause to believe that a domestic abuse assault has been committed with the intent to
inflict a serious injury.

d. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant,
arrest a person under section 708.2A, subsection 2, paragraph "c", if, upon investigation,
including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has
probable cause to believe that a domestic abuse assault has been committed and that the
alleged abuser used or displayed a dangerous weapon in connection with the assault.
e. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant,
arrest a person under section 708.2A, subsection 2, paragraph "d", if, upon investigation,
including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has
probable cause to believe that a domestic abuse assault has been committed by knowingly
impeding the normal breathing or circulation of the blood of another by applying pressure to
the throat or neck of the other person or by obstructing the nose or mouth of the other person.
f. Except as otherwise provided in subsection 3, a peace officer shall, with or without a warrant,
arrest a person under section 708.2A, subsection 5, if, upon investigation, including a reasonable
inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to
believe that a domestic abuse assault has been committed by knowingly impeding the normal
breathing or circulation of the blood of another by applying pressure to the throat or neck of the
other person or by obstructing the nose or mouth of the other person, and causing bodily injury.
3. As described in subsection 2, paragraph "b", "c", "d", "e", or "f", the peace officer shall arrest
the person whom the peace officer believes to be the primary physical aggressor. The duty of
the officer to arrest extends only to those persons involved who are believed to have committed
an assault. Persons acting with justification, as defined in section 704.3, are not subject to
mandatory arrest. In identifying the primary physical aggressor, a peace officer shall consider
the need to protect victims of domestic abuse, the relative degree of injury or fear inflicted on
the persons involved, and any history of domestic abuse between the persons involved. A peace
officer's identification of the primary physical aggressor shall not be based on the consent of the
victim to any subsequent prosecution or on the relationship of the persons involved in the
incident, and shall not be based solely upon the absence of visible indications of injury or
impairment.
4. A peace officer is not civilly or criminally liable for actions pursuant to this section taken in
good faith.
CREDIT(S)
Added by Acts 1984 (70 G.A.) ch. 1258, § 1. Amended by Acts 1985 (71 G.A.) ch. 175, § 5; Acts 1986 (71 G.A.) ch. 1179,
§ 3; Acts 1987 (72 G.A.) ch. 154, § 6; Acts 1989 (73 G.A.) ch. 85, § 2; Acts 1990 (73 G.A.) ch. 1056, §§ 1, 2; Acts 1991
(74 G.A.) ch. 218, § 11; Acts 1992 (74 G.A.) ch. 1163, § 52; Acts 2009 (83 G.A.) ch. 133, S.F. 449, §§ 93, 94; Acts 2012
(84 G.A.) ch. 1002, S.F. 93, §§ 1, 2.

IOWA CODE§ 708.2A (2016). DOMESTIC ABUSE ASSAULT--MANDATORY MINIMUMS,
PENALTIES ENHANCED-- EXTENSION OF NO-CONTACT ORDER
1. For the purposes of this chapter, "domestic abuse assault" means an assault, as defined in
section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph "a",
"b", "c", or "d".
2. On a first offense of domestic abuse assault, the person commits:
a. A simple misdemeanor for a domestic abuse assault, except as otherwise provided.
b. A serious misdemeanor, if the domestic abuse assault causes bodily injury or mental illness.
c. An aggravated misdemeanor, if the domestic abuse assault is committed with the intent to
inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in
connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.
d. An aggravated misdemeanor, if the domestic abuse assault is committed by knowingly
impeding the normal breathing or circulation of the blood of another by applying pressure to
the throat or neck of the other person or by obstructing the nose or mouth of the other person.
3. Except as otherwise provided in subsection 2, on a second domestic abuse assault, a person
commits:
a. A serious misdemeanor, if the first offense was classified as a simple misdemeanor, and the
second offense would otherwise be classified as a simple misdemeanor.
b. An aggravated misdemeanor, if the first offense was classified as a simple or aggravated
misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor,
or the first offense was classified as a serious or aggravated misdemeanor, and the second
offense would otherwise be classified as a simple or serious misdemeanor.

4. On a third or subsequent offense of domestic abuse assault, a person commits a class "D"
felony.
5. For a domestic abuse assault committed by knowingly impeding the normal breathing or
circulation of the blood of another by applying pressure to the throat or neck of the other
person or by obstructing the nose or mouth of the other person, and causing bodily injury, the
person commits a class "D" felony.
6. a. A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which
occurred more than twelve years prior to the date of the violation charged shall not be
considered in determining that the violation charged is a second or subsequent offense.
b. For the purpose of determining if a violation charged is a second or subsequent offense,
deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or this
section, which were issued on domestic abuse assaults, and convictions or the equivalent of
deferred judgments for violations in any other states under statutes substantially corresponding
to this section shall be counted as previous offenses. The courts shall judicially notice the
statutes of other states which define offenses substantially equivalent to the offenses defined in
this section and can therefore be considered corresponding statutes. Each previous violation on
which conviction or deferral of judgment was entered prior to the date of the offense charged
shall be considered and counted as a separate previous offense.
c. An offense shall be considered a prior offense regardless of whether it was committed upon
the same victim.
7. a. A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of
the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence.
The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu
of the minimum sentence, although a fine may be imposed in addition to the minimum
sentence. This section does not prohibit the court from sentencing and the person from serving
the maximum term of confinement or from paying the maximum fine permitted pursuant to
chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or
sentence pursuant to section 907.3, if the person has not previously received a deferred
sentence or judgment for a violation of section 708.2 or this section which was issued on a
domestic abuse assault.

b. A person convicted of violating subsection 4 shall be sentenced as provided under section
902.9, subsection 1, paragraph "e", and shall be denied parole or work release until the person
has served a minimum of one year of the person's sentence. Notwithstanding section 901.5,
subsections 1, 3, and 5, and section 907.3, the person cannot receive a suspended or deferred
sentence or a deferred judgment; however, the person sentenced shall receive credit for any
time the person was confined in a jail or detention facility following arrest.
8. If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of
this section, the court shall modify the no-contact order issued upon initial appearance in the
manner provided in section 664A.5, regardless of whether the person is placed on probation.
9. The clerk of the district court shall provide notice and copies of a judgment entered under this
section to the applicable law enforcement agencies and the twenty-four hour dispatcher for the
law enforcement agencies, in the manner provided for protective orders under section 236.5.
The clerk shall provide notice and copies of modifications of the judgment in the same manner.
10. In addition to the mandatory minimum term of confinement imposed by subsection 7,
paragraph "a", the court shall order a person convicted under subsection 2 or 3 to participate in
a batterers' treatment program as required under section 708.2B. In addition, as a condition of
deferring judgment or sentence pursuant to section 907.3, the court shall order the person to
participate in a batterers' treatment program. The clerk of the district court shall send a copy of
the judgment or deferred judgment to the judicial district department of correctional services.
CREDIT(S)
Added by Acts 1987 (72 G.A.) ch. 154, § 9. Amended by Acts 1991 (74 G.A.) ch. 218, § 27; Acts
1991 (74 G.A.) ch. 219, §§ 19, 20; Acts 1992 (74 G.A.) ch. 1163, § 118; Acts 1993 (75 G.A.) ch.
157, § 9; Acts 1994 (75 G.A.) ch. 1093, § 2; Acts 1995 (76 G.A.) ch. 90, § 1; Acts 1996 (76 G.A.) ch.
1131, § 3; Acts 1997 (77 G.A.) ch. 33, § 14; Acts 1998 (77 G.A.) ch. 1192, § 1; Acts 1999 (78 G.A.)
ch. 65, § 4; Acts 1999 (78 G.A.) ch. 114, § 45; Acts 2002 (79 G.A.) ch. 1004, § 4; Acts 2006 (81
G.A.) ch. 1101, H.F. 2652, §§ 13, 14; Acts 2012 (84 G.A.) ch. 1002, S.F. 93, §§ 4, 5; Acts 2013 (85
G.A.) ch. 30, H.F. 417, § 249.

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No statutory provisions dealing specifically with strangulation

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No statutory provisions dealing specifically with strangulation

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LA. REV. STAT. ANN. § 5713 (2016). DUTY TO HOLD AUTOPSIES, INVESTIGATIONS, ETC.
A. The coroner shall either view the body or make an investigation into the cause and manner of
death in all cases involving the following:
(1) Suspicious, unexpected, or unusual deaths.
(2) Sudden or violent deaths.
(3) Deaths due to unknown or obscure causes or in any unusual manner.
(4) Bodies found dead.
(5) Deaths without an attending physician within thirty-six hours prior to the hour of death.
(6) Deaths due to suspected suicide or homicide.
(7) Deaths in which poison is suspected.
(8) Any death from natural causes occurring in a hospital under twenty-four hours admission
unless seen by a physician in the last thirty-six hours.
(9) Deaths following an injury or accident either old or recent.
(10) Deaths due to drowning, hanging, burns, electrocution, gunshot wounds, stabs or cutting,
lightning, starvation, radiation, exposure, alcoholism, addiction, tetanus, strangulation, suffocation, or smothering.
(11) Deaths due to trauma from whatever cause.
(12) Deaths due to criminal means or by casualty.
(13) Deaths in prison or while serving a sentence.
(14) Deaths due to virulent contagious disease that might be caused by or cause a public hazard,
including acquired immune deficiency syndrome.
B. (1) The coroner may perform or cause to be performed by a competent physician an autopsy
in any case in his discretion. The coroner shall perform or cause to be performed by a
competent physician an autopsy in the case of any death where there is a reasonable probability
that the violation of a criminal statute has contributed to the death.
(2) The coroner or the district attorney may order the disinterment of any dead body within his
jurisdiction under the direction or supervision of the person ordering the disinterment or his
designee, and may authorize the removal of such dead body to a place designated by the person
ordering the disinterment for the purpose of examination and autopsy and, when such is
completed, order the reinterment of the body.
(3) The coroner may hold any dead body for any length of time that he deems necessary.
However, the coroner shall expedite any investigation at the scene of an accident involving a
fatality so as not to unduly delay the removal of the dead body from the accident scene.
However, if a bodily substance sample for a toxicology screen is extracted at the accident scene,
the extraction procedure shall be performed outside of public view.
(4)(a) He may remove and retain for testing or examination any specimens, organs, or other
portion of the remains of the deceased that he may deem necessary or advisable as possible
evidence before a grand jury or court, subject to the limitation set forth in R.S. 32:661(A)(2).
(b) The coroner may also remove and retain any specimens or organs of the deceased which in
his discretion are necessary or desirable for anatomical, bacteriological, chemical, or
toxicological examination, subject to the limitation set forth in R.S. 32:661(A)(2).

C. (1)(a) The coroner shall perform or cause to be performed by a competent physician an
autopsy in all cases of infants under the age of one year who die unexpectedly without
explanation.
(b) The autopsy shall include microscopic and toxicology studies.
(c) The coroner shall furnish a death certificate based upon his autopsy with his statement, to
the best of his knowledge, of the cause and means of death.
(2) If the coroner finds that the cause of death was Sudden Infant Death Syndrome, he shall
notify the director of the parish health unit within forty-eight hours after such determination.
(3) In preparing the certificate of death, the coroner may not, in lieu of an autopsy, rely on
statements of relatives, persons in attendance during the last sickness, persons present at the
time of death, or other persons having adequate knowledge of the facts, even if such data may
be permitted in other cases in this Section.
(4) The coroner shall not perform an autopsy if the parents of the infant provide to the coroner
their objection in writing, unless the coroner finds that the facts surrounding the death require
that an autopsy be performed in the interest of the public safety, public health, or public
welfare.
D. If the family of the deceased objects to an autopsy on religious grounds, the autopsy shall not
be performed unless the coroner finds that the facts surrounding the death require that an
autopsy be performed in the interest of the public safety, public health, or public welfare. In
such cases the coroner shall provide the family his written reasons for the necessity of the
autopsy.
E. (1) The coroner shall furnish a death certificate based on his examination, investigation, or
autopsy, and he shall state as best he can the cause and means of death.
(2) If it appears that death was due to accident, suicide, or homicide, he shall so state.

(3) The cause of death, and the manner or mode in which the death occurred, as incorporated in
the death certificate as provided in the Vital Statistics Laws, R.S. 40:32 et seq., filed with the
division of vital records of the Department of Health and Hospitals, shall be the legally accepted
cause of death, unless the court of the parish in which the death occurred, after a hearing,
directs otherwise.
(4) In the case of a death without medical attendance, if there is no reason to suspect the death
was due to violence, casualty, or undue means, the coroner may make the certificate of death
from the statement of relatives, persons in attendance during the last sickness, persons present
at the time of death, or other persons having adequate knowledge of the facts.
F. The coroner or his designee shall examine all alleged victims of rape, carnal knowledge, sexual
battery, incest, and crime against nature when such cases are under police investigation.
G. (1) Notwithstanding any provision of law to the contrary, when the coroner is required to
furnish information for the issuance of a death certificate by the office of vital statistics, the
coroner shall do so within ten working days after the receipt of all test and investigation results
or information associated with the investigation into the cause and manner of death.
(2) If the coroner is unable to furnish the information required pursuant to Paragraph (1) of this
Subsection within ten days after taking charge of the case, upon request, the coroner shall issue
a written statement attesting to the fact of death, which shall constitute proof of death for all
purposes, including but not limited to, any claim under any policy of insurance issued on the life
of the deceased individual.
H. In deaths investigated by the coroner where he is not able to establish the identity of the
dead body by visual means, fingerprints, or other identifying data, the coroner shall have a
qualified dentist or forensic anthropologist or forensic pathologist carry out a dental
examination of the dead body. If the coroner, with the aid of the dental examination, is still not
able to establish the identity of the dead body, the coroner shall prepare and forward the dental
examination and other identifying records to state and local law enforcement agencies. When
the dead body may be that of an individual under the age of eighteen years, the coroner shall
send this information to the Missing and Exploited Children Information Clearinghouse within
the Department of Public Safety and Corrections, office of state police.
I. The coroner shall furnish a copy of his final report or autopsy report, or both, upon written
request, to the last attending physician of the deceased or to the designated family physician of
the deceased, provided that the family of the deceased has given written authorization to the coroner or to the requesting physician for the release of such report.
J. Autopsy reports prepared by the coroner or his designee are public records. The coroner shall
provide one copy of the autopsy report upon request by the next of kin at no charge to the next
of kin. The coroner shall provide copies of the autopsy report at no charge to the appropriate
law enforcement agencies as requested. The public records fee for any other copy of an autopsy
report shall be the same as that charged by the registrar of vital records for the state for a death
certificate.
K. (1) For the purposes of this Section, an autopsy report is the work product of the coroner or
his designee. When a coroner investigates a death, the office of the coroner is required to make
available for public inspection and copying the autopsy report which shall contain the following:
(a) Name, age, sex, race, and address of the deceased.
(b) Date and reported time of death.
(c) Physical location, including address if available, where the deceased was found.
(d) Date, time, and place of autopsy, and the name of the doctor performing the autopsy and
the names of all persons present at the autopsy.
(e) Information regarding the autopsy, including whether the autopsy was requested or
performed by operation of law, a listing of the physical findings of the autopsy, a summary in
narrative form of the medical findings and conclusions, the cause of death, the manner and
mechanism of death, and the classification of death as homicide, accidental, suicide,
undetermined, or under investigation.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, in a non-coroner case, no
autopsy report shall be made available for public inspection or copying if the classification of
death is that of natural causes except upon request by the next of kin or upon request in
compliance with R.S. 13:3715.1.
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection and notwithstanding the
provisions of R.S. 13:5714(C), no autopsy report pertaining to criminal litigation as defined in and in accordance with R.S. 44:3(A) shall be required to be made available for public inspection
or copying except as otherwise provided by law.
L. (1) Liability shall not be imposed on an elected coroner or his support staff based upon the
exercise or performance or the failure to exercise or perform their policymaking or discretionary
acts when such acts are within the course and scope of their lawful powers and duties.
(2) The provisions of Paragraph (1) of this Subsection are not applicable to any of the following:
(a) To acts or omissions which are not reasonably related to the legitimate governmental
objective for which the policymaking or discretionary power exists; or
(b) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful,
outrageous, reckless, or flagrant misconduct.
(3) The legislature finds and states that the purpose of this Subsection is not to reestablish any
immunity based on the status of sovereignty but rather to clarify the substantive content and
parameters of application of such legislatively created codal articles and laws and also to assist
in the implementation of Article II of the Constitution of Louisiana.
CREDIT(S)
Redesignated from R.S. 33:1563 by Acts 2011, No. 248, § 3. Acts 1984, No. 570, § 1. Amended by Acts 1985, No. 240,
§ 1; Acts 1985, No. 241, § 1; Acts 1986, No. 311, § 1; Acts 1986, No. 591, § 1; Acts 1987, No. 878, § 1; Acts 1988, No.
834, § 1; Acts 1999, No. 761, § 1, eff. July 2, 1999; Acts 1999, No. 1226, § 1; Acts 1999, No. 1293, § 1; Acts 1999, No.
1354, § 2; Acts 2001, No. 1177, § 1; Acts 2003, No. 794, § 1; Acts 2011, No. 70, § 1.Titles 2, 4, 8, 16, 19, 21, 27, 31, 34,
35, 41, and 43
LA. REV. STAT. ANN. § 14:35.3 (2016). DOMESTIC ABUSE BATTERY
A. Domestic abuse battery is the intentional use of force or violence committed by one
household member upon the person of another household member.
B. For purposes of this Section:
(1) “Community service activities” as used in this Section may include duty in any morgue,
coroner's office, or emergency treatment room of a state-operated hospital or other state
operated emergency treatment facility, with the consent of the administrator of the morgue,
coroner's office, hospital, or facility.

(2) “Household member” means any person of the opposite sex presently living in the same
residence or living in the same residence within five years of the occurrence of the domestic
abuse battery with the defendant as a spouse, whether married or not, or any child presently
living in the same residence or living in the same residence within five years immediately prior
to the occurrence of domestic abuse battery, or any child of the offender regardless of where
the child resides.
(3) “Strangulation” means intentionally impeding the normal breathing or circulation of the
blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim.
C. On a first conviction, notwithstanding any other provision of law to the contrary, the offender
shall be fined not less than three hundred dollars nor more than one thousand dollars and shall
be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours
of the sentence imposed shall be served without benefit of parole, probation, or suspension of
sentence. Imposition or execution of the remainder of the sentence shall not be suspended
unless either of the following occur:
(1) The offender is placed on probation with a minimum condition that he serve four days in jail
and participate in a court-approved domestic abuse prevention program, and the offender shall
not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform eight, eight
hour days of court-approved community service activities and participate in a court-approved
domestic abuse prevention program, and the offender shall not own or possess a firearm
throughout the entirety of the sentence.
D. On a conviction of a second offense, notwithstanding any other provision of law to the
contrary, regardless of whether the second offense occurred before or after the first conviction,
the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand
dollars and shall be imprisoned for not less than sixty days nor more than six months. At least
ninety-six hours of the sentence imposed shall be served without benefit of parole, probation,
or suspension of sentence. Imposition or execution of the remainder of the sentence shall not
be suspended unless either of the following occur:
(1) The offender is placed on probation with a minimum condition that he serve thirty days in
jail and participate in a court-approved domestic abuse prevention program, and the offender
shall not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform thirty eight
hour days of court-approved community service activities and participate in a court-approved
domestic abuse prevention program, and the offender shall not own or possess a firearm
throughout the entirety of the sentence.

E. On a conviction of a third offense, notwithstanding any other provision of law to the contrary
and regardless of whether the offense occurred before or after an earlier conviction, the
offender shall be imprisoned with or without hard labor for not less than one year nor more
than five years and shall be fined two thousand dollars. The first year of the sentence of
imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
F. (1) Except as otherwise provided in Paragraph (2) of this Subsection, on a conviction of a
fourth or subsequent offense, notwithstanding any other provision of law to the contrary and
regardless of whether the fourth offense occurred before or after an earlier conviction, the
offender shall be imprisoned with hard labor for not less than ten years nor more than thirty
years and shall be fined five thousand dollars. The first three years of the sentence of
imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
(2) If the offender has previously received the benefit of suspension of sentence, probation, or
parole as a fourth or subsequent offender, no part of the sentence may be imposed with benefit
of suspension of sentence, probation, or parole, and no portion of the sentence shall be
imposed concurrently with the remaining balance of any sentence to be served for a prior
conviction for any offense.
G. (1) For purposes of determining whether a defendant has a prior conviction for violation of
this Section, a conviction under this Section, or a conviction under the laws of any state or an
ordinance of a municipality, town, or similar political subdivision of another state which
prohibits the intentional use of force or violence committed by one household member upon
another household member of the opposite sex presently or formerly living in the same
residence with the defendant as a spouse, whether married or not, shall constitute a prior
conviction.
(2) For purposes of this Section, a prior conviction shall not include a conviction for an offense
under this Section if committed more than ten years prior to the commission of the crime for
which the defendant is being tried, and such conviction shall not be considered in the
assessment of penalties hereunder. However, periods of time during which the offender was
incarcerated in a penal institution in this or any other state shall be excluded in computing the
ten-year period.
H. An offender ordered to participate in a domestic abuse prevention program required by the
provisions of this Section shall pay the cost incurred in participation in the program. Failure to
make such payment shall subject the offender to revocation of probation, unless the court
determines that the offender is unable to pay.
I. This Subsection shall be cited as the “Domestic Abuse Child Endangerment Law.” When the
state proves, in addition to the elements of the crime as set forth in Subsection A of this Section,
that a minor child thirteen years of age or younger was present at the residence or any other
scene at the time of the commission of the offense, of the sentence imposed by the court, the
execution of the minimum mandatory sentence provided by Subsection C or D of this Section, as appropriate, shall not be suspended, the minimum mandatory sentence imposed under
Subsection E of this Section shall be two years without suspension of sentence, and the
minimum mandatory sentence imposed under Subsection F of this Section shall be four years
without suspension of sentence.
J. Any crime of violence, as defined in R.S. 14:2(B), against a person committed by one
household member against another household member, shall be designated as an act of
domestic violence.
K. If the victim of domestic abuse battery is pregnant and the offender knows that the victim is
pregnant at the time of the commission of the offense, the offender, who is sentenced under
the provisions of this Section, shall be required to serve a minimum of forty-five days without
benefit of suspension of sentence for a first conviction, upon a second conviction shall serve a
minimum of one year imprisonment without benefit of suspension of sentence, upon a third
conviction shall serve a minimum of two years with or without hard labor without benefit of
probation, parole, or suspension of sentence, and upon a fourth and subsequent offense shall
serve a minimum of four years at hard labor without benefit of probation, parole, or suspension
of sentence.
L. Notwithstanding any other provision of law to the contrary, if the domestic abuse battery
involves strangulation, the offender shall be imprisoned at hard labor for not more than three
years.
M. Notwithstanding any other provision of law to the contrary, if the domestic abuse battery is
committed by burning that results in serious bodily injury, the offense shall be classified as a
crime of violence, and the offender shall be imprisoned at hard labor for not less than five nor
more than fifty years without benefit of probation, parole, or suspension of sentence.

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ME. REV. STAT. TIT. 17-A § 208 (2016). AGGRAVATED ASSAULT
1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:
A. Serious bodily injury to another; or
B. Bodily injury to another with use of a dangerous weapon; or
C. Bodily injury to another under circumstances manifesting extreme indifference to the value of
human life. Such circumstances include, but are not limited to, the number, location or nature of
the injuries, the manner or method inflicted, the observable physical condition of the victim or
the use of strangulation. For the purpose of this paragraph, "strangulation" means the
intentional impeding of the breathing or circulation of the blood of another person by applying
pressure on the person's throat or neck.
2. Aggravated assault is a Class B crime.

CREDIT(S)
1975, c. 499, § 1, eff. May 1, 1976; 1977, c. 740, § 43, eff. May 1, 1976; 1977, c. 510, § 44; 1981, c. 317, § 6; 2011, c.
640, § B-2.
ME. REV. STAT. TIT. 17-A § 2803-B (2016). REQUIREMENTS OF LAW ENFORCEMENT
AGENCIES
1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding
procedures to deal with the following:
A. Use of physical force, including the use of electronic weapons and less-than-lethal munitions;
B. Barricaded persons and hostage situations;
C. Repealed. Laws 2013, c. 147, § 16, eff. Oct. 9, 2013.
D. Domestic violence, which must include, at a minimum, the following:
(1) A process to ensure that a victim receives notification of the defendant's release from jail;
(2) A process for the collection of information regarding the defendant that includes the
defendant's previous history, the parties' relationship, whether the commission of an alleged
crime included the use of strangulation as defined in Title 17-A, section 208, subsection 1,
paragraph C, the name of the victim and a process to relay this information to a bail
commissioner before a bail determination is made;
(3) A process for the safe retrieval of personal property belonging to the victim or the defendant
that includes identification of a possible neutral location for retrieval, the presence of at least
one law enforcement officer during the retrieval and giving the victim the option of at least 24
hours' notice to each party prior to the retrieval;
(4) Standard procedures to ensure that protection from abuse orders issued under Title 19-A,
section 4006 or 4007 are served on the defendant as quickly as possible; and
(5) A process for the administration of a validated, evidence-based domestic violence risk
assessment recommended by the Maine Commission on Domestic and Sexual Abuse,
established in Title 5, section 12004-I, subsection 74-C, and approved by the Department of
Public Safety and the conveyance of the results of that assessment to the bail commissioner, if
appropriate, and the district attorney for the county in which the domestic violence occurred.
E. Hate or bias crimes;
F. Police pursuits;

G. Citizen complaints of police misconduct;
H. Criminal conduct engaged in by law enforcement officers;
I. Death investigations, including at a minimum the protocol of the Department of the Attorney
General regarding such investigations;
J. Public notification regarding persons in the community required to register under Title 34-A,
chapters 15 [FN1] and 17;
K. Digital, electronic, audio, video or other recording of law enforcement interviews of suspects
in serious crimes and the preservation of investigative notes and records in such cases;
L. Mental illness and the process for involuntary commitment; and
M. Freedom of access requests. The chief administrative officer of a municipal, county or state
law enforcement agency shall certify to the board annually that the agency has adopted a
written policy regarding procedures to deal with a freedom of access request and that the chief
administrative officer has designated a person who is trained to respond to a request received
by the agency pursuant to Title 1, chapter 13.
The chief administrative officer of each agency shall certify to the board that attempts were
made to obtain public comment during the formulation of policies.
2. Minimum policy standards. The board shall establish minimum standards for each law
enforcement policy pursuant to subsection 1 with the exception of the freedom of access policy
under subsection 1, paragraph M. Minimum standards of new mandatory policies enacted by
law must be adopted by the board no later than December 31st of the year in which the law
takes effect.
3. Agency compliance. The chief administrative officer of each law enforcement agency shall
certify to the board annually no later than January 1st of each year that the agency has adopted
written policies consistent with the minimum standards established or amended by the board
and that all officers have received orientation and training with respect to new mandatory
policies or new mandatory policy changes pursuant to subsection 2. New mandatory policies
enacted by law must be implemented by all law enforcement agencies no later than the July 1st
after the board has adopted the minimum standards.
4. Repealed. Laws 2005, c. 331, § 17.

5. Annual standards review. The board shall review annually the minimum standards for each
policy to determine whether changes in any of the standards are necessary to incorporate
improved procedures identified by critiquing known actual events or by reviewing new
enforcement practices demonstrated to reduce crime, increase officer safety or increase public
safety.
6. Repealed. Laws 2013, c. 147, § 23, eff. Oct. 9, 2013.
7. Repealed. Laws 2013, c. 147, § 24, eff. Oct. 9, 2013.
CREDIT(S)
1993, c. 744, § 5; 2001, c. 686, § B-1; 2003, c. 185, § 1; 2003, c. 361, § 1; 2003, c. 370, §§ 1 to 4; 2003, c. 656, §§ 1 to
4; 2003, c. 677, §§ 1 to 4; R.R.2003, c. 2, §§ 89 to 91; 2005, c. 397, § C-17, eff. June 17, 2005; 2005, c. 331, §§ 16, 17;
2009, c. 336, § 18; 2009, c. 451, §§ 1 to 5; 2009, c. 652, §§ A-37, A-38, eff. April 14, 2010; 2011, c. 265, §§ 2 to 4; 2011,
c. 640, § D-1; 2011, c. 680, §§ 4 to 6; 2013, c. 147, §§ 16 to 24, eff. Oct. 9, 2013.

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Maryland law defines assault as “the crimes of assault, battery, and assault and battery,
which retain their judicially determined meanings.” Md. Code, Crim. Law § 3-201(b). In the case
of Taylor v. State, 133 A.2d 414, 415 (Md. 1957), the Maryland Court of Appeals held that
“criminal assault […] is treated as a crime against the public generally, and therefore the
consent of the victim is no defense.” This holding defines Maryland law today. This stance is
similar to the outdated case law in other states that criminalized all consensual use of force and
restraint in an erotic context, including mild, non-injurious activities.
However, the Maryland Code does allow prosecutions for assault to be dismissed by the
mutual agreement of the involved parties if the Court finds dismissal “proper,” but the statute
does not indicate how the Court should evaluate what is proper:
3
o Dismissal of Assault Cases by Mutual Agreement
o Md. Code, Crim. Law § 3-207
(a) “On a pretrial motion of the State, a court may dismiss a charge of
assault if: (1) the victim and the defendant agree to the dismissal; and (2)
the court considers the dismissal proper”.
·
Definitions:
o “Assault”
§ "Assault" means the crimes of assault, battery, and assault and
battery, which retain their judicially determined meanings.”
Another provision of the Criminal Code, § 3-202, lists factors that make an assault a first
degree assault, notably including strangulation by applying pressure to another person’s throat or
neck:
§ 3-202. Assault in the first degree
Strangling defined
(a) In this section, “strangling” means impeding the normal breathing or
blood circulation of another person by applying pressure to the other
person’s throat or neck.

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MD. CODE ANN., CRIM. LAW § 3-303 (2016): RAPE IN THE FIRST DEGREE
a) A person may not:
(1) engage in vaginal intercourse with another by force, or the threat of force, without the
consent of the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
Prohibited--Child kidnapping
(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of
this title involving a victim who is a child under the age of 16 years.
Prohibited--Children under age 13
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a
victim who is a child under the age of 13 years.
Penalty
(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates
subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is
subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first
degree and on conviction is subject to imprisonment not exceeding life without the possibility of
parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the
first degree and on conviction is subject to imprisonment not exceeding life without the
possibility of parole if the defendant was previously convicted of violating this section or § 3-305
of this subtitle.
(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who
violates subsection (c) of this section is guilty of the felony of rape in the first degree and on
conviction is subject to imprisonment for not less than 25 years and not exceeding life without
the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum
sentence shall not apply.
Required notice
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of
parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25
years under subsection (d)(4) of this section, the State shall notify the person in writing of the
State's intention at least 30 days before trial.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

MD. CODE ANN., CRIM. LAW § 5-305 (2016): SEXUAL OFFENSE IN THE FIRST DEGREE
(a) A person may not:
(1) engage in a sexual act with another by force, or the threat of force, without the consent of
the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
Prohibited--Child kidnapping
(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of
this title involving a victim who is a child under the age of 16 years.
Prohibited--Children under age 13
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a
victim who is a child under the age of 13 years.
Penalty
(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates
subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on
conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in
the first degree and on conviction is subject to imprisonment not exceeding life without the
possibility of parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of sexual
offense in the first degree and on conviction is subject to imprisonment not exceeding life
without the possibility of parole if the defendant was previously convicted of violating this
section or § 3-303 of this subtitle.
(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who
violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree
and on conviction is subject to imprisonment for not less than 25 years and not exceeding life
without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum
sentence shall not apply.
Required notice
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of
parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25
years under subsection (d)(4) of this section, the State shall notify the person in writing of the
State's intention at least 30 days before trial.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

MD. CODE ANN., CRIM. LAW § 3-307 (2016): SEXUAL OFFENSE IN THE THIRD DEGREE
(a) A person may not:
(1)(i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is a mentally defective individual, a
mentally incapacitated individual, or a physically helpless individual, and the person performing
the act knows or reasonably should know the victim is a mentally defective individual, a
mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the
person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person
performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person
performing the act is at least 21 years old.
Penalty
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree
and on conviction is subject to imprisonment not exceeding 10 years.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

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§ 3-202. Assault in the first degree
Strangling defined
(a) In this section, “strangling” means impeding the normal breathing or
blood circulation of another person by applying pressure to the other
person’s throat or neck.

It’s important to clarify in State law that consent is not a defense to choking during erotic
activities due to the risk of serious physical injury.

MD. CODE ANN., CRIM. LAW § 3-303 (2016): RAPE IN THE FIRST DEGREE
a) A person may not:
(1) engage in vaginal intercourse with another by force, or the threat of force, without the
consent of the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
Prohibited--Child kidnapping

(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of
this title involving a victim who is a child under the age of 16 years.
Prohibited--Children under age 13
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a
victim who is a child under the age of 13 years.
Penalty
(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates
subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is
subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first
degree and on conviction is subject to imprisonment not exceeding life without the possibility of
parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the
first degree and on conviction is subject to imprisonment not exceeding life without the
possibility of parole if the defendant was previously convicted of violating this section or § 3-305
of this subtitle.
(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who
violates subsection (c) of this section is guilty of the felony of rape in the first degree and on
conviction is subject to imprisonment for not less than 25 years and not exceeding life without
the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum
sentence shall not apply.
Required notice
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of
parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25
years under subsection (d)(4) of this section, the State shall notify the person in writing of the
State's intention at least 30 days before trial.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

MD. CODE ANN., CRIM. LAW § 5-305 (2016): SEXUAL OFFENSE IN THE FIRST DEGREE
(a) A person may not:
(1) engage in a sexual act with another by force, or the threat of force, without the consent of
the other; and
(2)(i) employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
Prohibited--Child kidnapping
(b) A person may not violate subsection (a) of this section while also violating § 3-503(a)(2) of
this title involving a victim who is a child under the age of 16 years.
Prohibited--Children under age 13
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a
victim who is a child under the age of 13 years.
Penalty
(d)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates
subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on
conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in
the first degree and on conviction is subject to imprisonment not exceeding life without the
possibility of parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of sexual
offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this
section or § 3-303 of this subtitle.
(4)(i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who
violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree
and on conviction is subject to imprisonment for not less than 25 years and not exceeding life
without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum
sentence shall not apply.
Required notice
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of
parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25
years under subsection (d)(4) of this section, the State shall notify the person in writing of the
State's intention at least 30 days before trial.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.
MD. CODE ANN., CRIM. LAW § 3-307 (2016): SEXUAL OFFENSE IN THE THIRD DEGREE
(a) A person may not:
(1)(i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably
believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the
course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or an individual known to the victim,
imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical
injury, or kidnapping; or 4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is a mentally defective individual, a
mentally incapacitated individual, or a physically helpless individual, and the person performing
the act knows or reasonably should know the victim is a mentally defective individual, a
mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the
person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person
performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person
performing the act is at least 21 years old.
Penalty
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree
and on conviction is subject to imprisonment not exceeding 10 years.
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 187, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21,
§ 1, eff. April 8, 2003; Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, 1st Sp.
Sess., c. 4, § 1, eff. June 22, 2006; Acts 2007, c. 494, § 1, eff. Oct. 1, 2007; Acts 2007, c. 495, § 1, eff. Oct. 1, 2007; Acts
2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 345, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009.

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MASS. GEN. LAWS ANN. CH. 6 § 116A. (2016). DOMESTIC VIOLENCE; ENFORCEMENT
GUIDELINES
<[ Text of section effective until July 1, 2015. For text effective July 1, 2015, see below.]>
(a) The municipal police training committee shall establish within the recruit basic training
curriculum a course for regional and municipal police training schools on or before January first,
nineteen hundred and eighty-seven for the training of law enforcement officers in the
commonwealth in the handling of domestic violence complaints and also shall develop
guidelines for law enforcement response to domestic violence. The course of instruction and the
guidelines shall stress enforcement of criminal laws in domestic violence situations, availability
of civil remedies and community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with expertise in the delivery of
direct services to victims of domestic violence, including utilizing the staff of shelters for battered women in the presentation of training.
As used in this section, "law enforcement officer" shall mean any officer of a local police
department, the office of environmental law enforcement, the University of Massachusetts,
capital and state police. As used in this section, "victim" shall mean any child or adult victim of
abuse, including elder victims.
(b) The course of basic training for law enforcement officers shall, no later than January first,
nineteen hundred and eighty-seven, include at least eight hours of instruction in the procedures
and techniques described below:
(1) The procedures and responsibilities set forth in chapter two hundred and nine A of the
General Laws relating to response to and enforcement of court orders, including violations of
said chapter two hundred and nine A orders.
(2) The service of said chapter two hundred and nine A complaints and orders.
(3) Verification and enforcement of temporary restraining and vacate orders when the suspect is
present and the suspect has fled.
(4) The legal duties imposed on police officers to offer protection and assistance, including
guidelines for making felony and misdemeanor arrests, and for mandatory reporting of child and
elder abuse cases.
(5) Techniques for handling domestic violence incidents that minimize likelihood of injury to the
officer and that promote the safety of the victim.
(6) The nature and extent of domestic violence.
(7) The legal rights and the remedies available to victims of domestic violence.
(8) Documentation, report writing and evidence collection.                                                                                                               (9) Tenancy and custody issues, including those of married and unmarried couples.
(10) The impact of law enforcement intervention on children in domestic violence situations.
(11) The services and facilities available to victims of abuse, including the victim's compensation
programs, emergency shelters and legal advocacy programs.
(c) All law enforcement recruits shall receive the course of basic training for law enforcement
officers, established in subsections (a) and (b), as part of their required certification process.
(d) The course of basic training for law enforcement officers shall be taught as part of the crisis
intervention and conflict resolution components of the recruit academy training, so that there
will not be an increase in the currently required four hundred and eighty hours of recruit
training curriculum.
(e) The course of instruction, the learning and performance objectives, the standards for
training, and the guidelines shall be developed by the municipal police training committee in
consultation with appropriate groups and individuals having an interest and expertise in the
field of domestic violence.
(f) The municipal police training committee periodically may include within its in-service training
curriculum a course of instruction on handling domestic violence complaints consistent with the
provisions of subparagraphs one through eleven of paragraph (b) of this act.
116A. Domestic violence and sexual violence complaints; basic training course; guidelines for
law enforcement response
<[ Text of section as amended by 2014, 260, Sec. 1 effective July 1, 2015. See 2014, 260, Sec. 50.
For text effective until July 1, 2015, see above.]>
(a) The municipal police training committee shall establish, within the recruit basic training
curriculum, a course for regional and municipal police training schools for the training of law
enforcement officers in the commonwealth in the handling of domestic violence and sexual
violence complaints and also shall develop guidelines for law enforcement response to domestic
violence and sexual violence. The course of instruction and the guidelines shall stress enforcement of criminal laws in domestic violence and sexual violence situations, availability of
civil remedies and community resources and protection of the victim. The course of instruction
and guidelines shall also include specific training on adolescent development, trauma and family
dynamics. As appropriate, the training presenters shall include domestic violence and sexual
violence experts with expertise in the delivery of direct services to victims of domestic violence
and sexual violence, including utilizing the staff of community based domestic violence, rape
and sexual assault service providers and survivors of domestic violence, rape or sexual assault in
the presentation of the training.
As used in this section, "law enforcement officer" shall mean any officer of a local police
department, the office of environmental law enforcement, the University of Massachusetts and
state police. As used in this section, "victim" shall mean any child or adult victim of such abuse,
including elder victims.
(b) The course of basic training for law enforcement officers shall include at least 8 hours of
instruction in the following procedures and techniques:
(1) the procedures and responsibilities set forth in chapter 209A relating to response to, and
enforcement of, court orders, including violations of orders issued pursuant to said chapter
209A;
(2) the service of said chapter 209A complaints and orders;
(3) verification and enforcement of temporary restraining and vacate orders when the suspect is
present or the suspect has fled;
(4) the legal duties imposed upon law enforcement officers to offer protection and assistance,
including guidelines for making felony and misdemeanor arrests, and for mandatory reporting of
child and elder abuse cases and cases involving individuals with disabilities;
(5) techniques for handling domestic violence and sexual violence incidents that minimize the
likelihood of injury to the law enforcement officer;
(6) techniques for handling domestic violence and sexual violence incidents that promote the
safety of the victim, including the importance of keeping the victim informed as to the
whereabouts of the suspect and other such information helpful for victim safety planning;

(7) the nature and extent of domestic violence and sexual violence, including the physiological
and psychological effects of the pattern of domestic violence and sexual violence on victims,
including children who witness such abuse;
(8) the increased vulnerability of victims who are gay, lesbian, bisexual, transgender, low
income, minority or immigrant, including training on ways in which the indicators of
dangerousness in these communities may be different from those in non-marginalized
communities;
(9) the dynamics of coercive controlling behavior that increases dangerousness even when such
patterns of behavior are not themselves violent;
(10) the legal rights and the remedies available to victims of domestic violence and sexual
violence;
(11) documentation, report writing and evidence collection, which shall include methods for
assessing the degree of risk of homicide involved in situations of domestic violence, including,
but not limited to, gathering information from the victim regarding the suspect's past reported
and non-reported behavior and dangerousness, such as: (i) whether the suspect has ever used a
weapon against the victim or threatened the victim with a weapon; (ii) whether the suspect
owns a gun; (iii) whether the suspect's physical violence against the victim has increased in
severity or frequency; (iv) whether the suspect has threatened to kill the victim; (v) whether the
suspect has ever threatened or attempted suicide; (vi) whether the suspect has used or
threatened physical violence against the victim's family, other household members or pets; (vii)
whether the suspect uses illegal drugs; (viii) whether the suspect abuses alcohol; and (ix)
whether there have been specific instances of strangulation or suffocation of the victim by the
suspect;
(12) tenancy and custody issues, including those of married and unmarried couples;
(13) the impact of law enforcement intervention on children in domestic violence and sexual
violence situations;
(14) the services and facilities available to victims of abuse, including the victim's compensation
programs, emergency shelters and legal advocacy programs; and

(15) techniques for increasing cooperation and immediate data sharing among different areas of
law enforcement in combating domestic violence and sexual violence.
(c) All law enforcement recruits shall receive the course of basic training for law enforcement
officers, established in subsections (a) and (b), as part of their required certification process.
(d) The course of basic training for law enforcement officers shall be taught as part of the crisis
intervention and conflict resolution components of the recruit academy training. Such training
shall not increase in the currently required 480 hours of recruit training curriculum.
(e) The course of instruction, the learning and performance objectives, the standards for training
and the guidelines shall be developed by the municipal police training committee in consultation
with appropriate groups and individuals having an interest and expertise in the fields of
domestic violence and sexual violence.
(f) The municipal police training committee shall, subject to appropriation, periodically include
within its in-service training curriculum a course of instruction on handling domestic violence
and sexual violence complaints consistent with paragraphs (1) to (15), inclusive, of subsection
(b).
CREDIT(S)
Added by St.1986, c. 617. Amended by St.2002, c. 196, § 4; St.2003, c. 26, § 6, eff. July 1, 2003; St.2010, c. 262, § 2,
eff. Nov. 5, 2010; St.2014, c. 260, § 1, eff. July 1, 2015.

MASS. GEN. LAWS ANN. CH. 12 § 33 (2016). DOMESTIC VIOLENCE AND SEXUAL VIOLENCE
TRAINING PROGRAM FOR DISTRICT ATTORNEYS AND ASSISTANT DISTRICT ATTORNEYS
<[ Text of section added by 2014, 260, Sec. 5 effective July 1, 2015. See 2014, 260, Sec. 50.]>
The Massachusetts District Attorneys' Association shall provide training on the issue of domestic violence and sexual
violence in the commonwealth, at least once biannually, to all district attorneys and assistant district attorneys. Such
training shall include, but not be limited to, the dissemination of information concerning:
(1) misdemeanor and felony offenses in which domestic violence and sexual violence are often involved;
(2) the civil rights and remedies available to victims of domestic violence and sexual violence;

(3) methods for assessing the degree of risk of homicide involved in situations of domestic violence including, but not
limited to, gathering information from the victim regarding the suspect's past reported and non-reported behavior
and dangerousness, such as: (i) whether the suspect has ever used a weapon against the victim or threatened the
victim with a weapon; (ii) whether the suspect owns a gun; (iii) whether the suspect's physical violence against the
victim has increased in severity or frequency; (iv) whether the suspect has threatened to kill the victim; (v) whether
the suspect has ever threatened or attempted suicide; (vi) whether the suspect has used or threatened physical
violence against the victim's family, other household members or pets; (vii) whether the suspect uses illegal drugs;
(viii) whether the suspect abuses alcohol; and (ix) whether there have been specific instances of strangulation or
suffocation of the victim by the suspect;
(4) law enforcement techniques, information sharing and methods of promoting cooperation among different areas
of law enforcement in combating domestic violence and sexual violence, including the importance of keeping victims
informed as to the whereabouts of suspected abusers and other such information helpful for victim safety planning;
(5) the physiological and psychological effects of the pattern of domestic violence and sexual violence on its victims,
including children who witness such abuse;
(6) the increased vulnerability of victims who are gay, lesbian, bisexual, transgender, low-income, minority or
immigrant, and including training on ways in which the indicators of dangerousness in these communities may be
different from those in non-marginalized communities;
(7) the dynamics of coercive controlling behavior that increases dangerousness even when such patterns of behavior
are not themselves violent;
(8) the underlying psychological and sociological causes of domestic violence and sexual violence and the availability
of batterer's intervention programs;
(9) the availability of community based domestic violence, rape, and sexual assault shelter and support services
within the commonwealth, including, to the extent practicable, specific shelter and support services available in a
district attorney's district; and
(10) techniques for increasing cooperation and immediate data sharing among different areas of law enforcement
and the court system in combating domestic violence and sexual violence.
The Massachusetts District Attorneys' Association may appoint such expert, clerical and other staff members as the
operation of the training program may require. As appropriate, the training presenters shall include domestic violence
and sexual violence experts with expertise in the delivery of direct services to victims of domestic violence and sexual
violence, including utilizing community based domestic violence, rape and sexual assault service providers and
survivors of domestic violence, rape or sexual assault in the presentation of the training.
CREDIT(S)
Added by St.2014, c. 260, § 5, eff. July 1, 2015.

<[ Text of section added by 2014, 260, Sec. 18 effective July 1, 2015. See 2014, 260, Sec. 50.]>
The chief justice of the trial court department shall provide training on the issue of domestic
violence and sexual violence in the commonwealth, at least once biannually, to all appropriate
court personnel of the municipal, district, probate and family, juvenile and superior courts
throughout the commonwealth, including but not limited to judges, clerks of court, probation
officers, court officers, security officers and guardians ad litem. Such training shall include, but
not be limited to, the dissemination of information concerning:
(1) misdemeanor and felony offenses in which domestic violence and sexual violence are often
involved;
(2) the civil rights and remedies available to victims of domestic violence and sexual violence;
(3) methods for assessing the degree of risk of homicide involved in situations of domestic
violence, including, but not limited to, gathering information from the victim regarding the
suspect's past reported and non-reported behavior and dangerousness, such as: (i) whether the
suspect has ever used a weapon against the victim or threatened the victim with a weapon, (ii)
whether the suspect owns a gun; (iii) whether the suspect's physical violence against the victim
has increased in severity or frequency; (iv) whether the suspect has threatened to kill the victim;
(v) whether the suspect has ever threatened or attempted suicide; (vi) whether the suspect has
used or threatened physical violence against the victim's family, other household members or
pets; (vii) whether the suspect uses illegal drugs; (viii) whether the suspect abuses alcohol; and
(ix) whether there have been specific instances of strangulation or suffocation of the victim by
the suspect;
(4) law enforcement techniques, information sharing and methods of promoting cooperation
among the various court departments in combating domestic violence and sexual violence,
including the importance of keeping victims informed as to the whereabouts of suspected
abusers and other such information helpful for victim safety planning;
(5) the physiological and psychological effects of the pattern of domestic violence and sexual
violence on its victims, including children, who witness such abuse;
(6) the increased vulnerability of victims who are gay, lesbian, bisexual, transgender, low
income, minority or immigrant, and including training on ways in which the indicators of
dangerousness in these communities may be different from those in non-marginalized communities;
(7) the dynamics of coercive controlling behavior that increases dangerousness even when such
patterns of behavior are not themselves violent;
(8) the underlying psychological and sociological causes of domestic violence and sexual
violence and the availability of batterer's intervention programs;
(9) the availability of community based domestic violence, rape and sexual assault shelter and
support services within the commonwealth, including, to the extent practicable, specific shelter
and support services available in a court's geographical area; and
(10) techniques for increasing cooperation and immediate data sharing among different areas of
law enforcement and the court system in combating domestic violence and sexual violence.
The chief justice of the trial court may appoint such expert, clerical and other staff members as
the operation of the training program may require. As appropriate, the training presenters shall
include domestic violence and sexual violence experts with expertise in the delivery of direct
services to victims of domestic violence and sexual violence, including utilizing community based
domestic violence, rape and sexual assault service providers and survivors of domestic violence,
rape or sexual assault in the presentation of the training.
CREDIT(S)
Added by St.2014, c. 260, § 18, eff. July 1, 2015.

MASS. GEN. LAWS ANN. CH. 265 § 15D (2016). STRANGULATION OR SUFFOCATION;
PENALTY; AGGRAVATING FACTORS; BATTERER'S INTERVENTION PROGRAM
<[ Text of section added by 2014, 260, Sec. 24 effective August 8, 2014.]>
(a) For the purposes of this section the following words shall have the following meanings,
unless the context clearly indicates otherwise:
"Serious bodily injury", bodily injury that results in a permanent disfigurement, loss or
impairment of a bodily function, limb or organ or creates a substantial risk of death.

"Strangulation", the intentional interference of the normal breathing or circulation of blood by
applying substantial pressure on the throat or neck of another.
"Suffocation", the intentional interference of the normal breathing or circulation of blood by
blocking the nose or mouth of another.
(b) Whoever strangles or suffocates another person shall be punished by imprisonment in state
prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or
by a fine of not more than $5,000, or by both such fine and imprisonment.
(c) Whoever: (i) strangles or suffocates another person and by such strangulation or suffocation
causes serious bodily injury; (ii) strangles or suffocates another person, who is pregnant at the
time of such strangulation or suffocation, knowing or having reason to know that the person is
pregnant; (iii) is convicted of strangling or suffocating another person after having been
previously convicted of the crime of strangling or suffocating another person under this section,
or of a like offense in another state or the United States or a military, territorial or Indian tribal
authority; or (iv) strangles or suffocates another person, with knowledge that the individual has
an outstanding temporary or permanent vacate, restraining or no contact order or judgment
issued under sections 18 or 34B of chapter 208, section 32 of chapter 209, sections 3, 4 or 5 of
chapter 209A or sections 15 or 20 of chapter 209C, in effect against such person at the time the
offense is committed, shall be punished by imprisonment in state prison for not more than 10
years, or in the house of correction for not more than 2 1/2 years, and by a fine of not more
than $10,000.
(d) For any violation of this section, or as a condition of a continuance without a finding, the
court shall order the defendant to complete a certified batterer's intervention program unless,
upon good cause shown, the court issues specific written findings describing the reasons that
batterer's intervention should not be ordered or unless the batterer's intervention program
determines that the defendant is not suitable for intervention.
CREDIT(S)
Added by St.2014, c. 260, § 24, eff. Aug. 8, 2014.
MASS. GEN. LAWS ANN. CH. 265 § 16 (2016): ATTEMPT TO MURDER
Whoever attempts to commit murder by poisoning, drowning or strangling another person, or
by any means not constituting an assault with intent to commit murder, shall be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than
one thousand dollars and imprisonment in jail for not more than two and one half years.
HISTORICAL AND STATUTORY NOTES
St.1832, c. 62.
R.S.1836, c. 125, § 12.
G.S.1860, c. 160, § 21.
P.S.1882, c. 202, § 21.
R.L.1902, c. 207, § 16.
St.1914, c. 635.
St.1918, c. 257, § 464.
St.1919, c. 5.
St.1920, c. 2.

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MICH. COMP. LAWS ANN. § 750.84 (2016). ASSAULT WITH INTENT TO DO GREAT BODILY
HARM LESS THAN MURDER; ASSAULT BY STRANGULATION OR SUFFOCATION; PENALTIES;
VIOLATIONS OF LAW ARISING OUT OF THE SAME CONDUCT
Sec. 84. (1) A person who does either of the following is guilty of a felony punishable by
imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal
breathing or circulation of the blood by applying pressure on the throat or neck or by blocking
the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished
for any other violation of law arising out of the same conduct as the violation of this section.
CREDIT(S)
Amended by P.A.2012, No. 367, Eff. April 1, 2013.