242 PC Explained: California Battery Law

California Penal Code section 242 defines battery: "any willful and unlawful use of force or violence upon the person of another." That single sentence is the whole section. The punishment is set out separately, in Penal Code section 243.

This page covers what section 242 means, how it differs from assault under section 240, what the prosecution has to prove under California's official jury instruction, and the penalties section 243 sets for simple battery and for battery causing serious bodily injury. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 242 PC says

The full text of section 242 is:

"A battery is any willful and unlawful use of force or violence upon the person of another."

The words "force or violence" sound more serious than the law treats them. California's jury instruction explains that a battery does not require a punch or an injury. It can be any harmful or offensive touching done on purpose, including contact through clothing or by means of an object.

Section 242 sits in Chapter 9 of Title 8 of the Penal Code, "Assault and Battery," which runs from section 240 to section 248. The official history note for the section reads simply "Enacted 1872."

Battery vs. assault

Assault and battery are separate crimes defined in neighboring sections. Penal Code section 240 defines assault:

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

The difference is completion. Assault is the attempt, combined with the present ability to carry it out. Battery under section 242 is the actual use of force on another person. Assault with a deadly weapon, or by force likely to produce great bodily injury, is a separate offense under section 245; see our PC 245 explainer.

What the prosecution has to prove

The official jury instruction for this offense is CALCRIM No. 960, "Simple Battery (Pen. Code, § 242)," published by the Judicial Council of California (2026 edition). It tells the jury the prosecution must prove that the defendant willfully touched the named person in a harmful or offensive manner.

When the evidence raises self-defense, defense of another person, or reasonable discipline of a child, the instruction adds a second element: the prosecution must also prove that the defendant did not act in self-defense, in defense of someone else, or while reasonably disciplining a child. California's self-defense rules are covered in California self-defense laws.

The instruction then explains how little contact is needed:

"The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind."

Optional language, given when it fits the case, adds that the touching can be indirect, for example by causing an object or another person to touch the victim, or by touching something the victim is holding or that is attached to them. Acting "willfully" means acting willingly or on purpose; it does not require an intent to break the law or to hurt anyone.

Penalties under 242 PC

Section 242 contains no punishment. The penalties are in section 243.

Simple battery: section 243(a)

"A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment."

Section 243(a) does not use the word "misdemeanor." The classification comes from Penal Code section 17(a), which defines a felony as a crime punishable by death, state prison, or county jail under section 1170(h), and provides that "every other crime or public offense is a misdemeanor except those offenses that are classified as infractions." A fine or up to six months in county jail fits that "every other crime" category.

Battery with serious bodily injury: section 243(d)

"When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years."

Because section 243(d) allows either county jail or a term under section 1170(h), a battery with serious bodily injury can be treated as a misdemeanor or a felony. Penal Code section 17(b) lists when an either-way offense becomes a misdemeanor for all purposes, such as when the court grants probation and declares it a misdemeanor, or when the prosecutor files it as a misdemeanor and the defendant does not object.

A felony term under section 1170(h) is ordinarily served in county jail. Under paragraph (3) of section 1170(h), an executed sentence under that subdivision is served in state prison instead when the defendant has a prior or current serious felony conviction (as described in section 1192.7(c)) or violent felony conviction (as described in section 667.5(c)), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Other subdivisions of section 243

Section 243 also contains subdivisions that set different punishments depending on who the victim is, including subdivision (e) on domestic battery. This page does not cover those penalties. The official text of section 243 lists them in full.

Related sections

• Penal Code section 240 (assault). The attempt offense quoted above. Official text.
• Penal Code section 243. Punishment for battery, including (a) simple battery, (d) serious bodily injury, and (e) domestic battery. Official text.
• Penal Code section 243.4. Sexual battery, a separate offense with its own section. Official text.
• Penal Code section 273.5. Corporal injury to a spouse, cohabitant, dating partner, or co-parent that results in a traumatic condition is a separate charge. See our PC 273.5 explainer.
• Penal Code section 245. Assault with a deadly weapon or by force likely to produce great bodily injury. See our PC 245 explainer.

Other statute explainers are collected in our statutes library.

What happens after an arrest for 242 PC

A "242" or "243" on a booking record is the arresting agency's charge. The prosecutor decides whether to file a battery charge, a different charge, or nothing. The first court appearance, the arraignment, is where the filed charges are read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California assault and battery laws covers the wider family of assault and battery offenses in the state.

Disclaimer

This page explains what California Penal Code section 242 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. Anyone facing a battery charge in California should speak with a criminal defense lawyer licensed in the state about the facts of their case.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 242 PC a felony or a misdemeanor?

Simple battery is punished under section 243(a) by a fine of up to $2,000, county jail for up to six months, or both. Under Penal Code section 17(a), a crime not punishable by state prison or county jail under section 1170(h) is a misdemeanor. Battery causing serious bodily injury, under section 243(d), can be a misdemeanor or a felony.

What is the punishment for 242 PC in California?

Section 242 itself sets no penalty. Section 243(a) provides a fine of up to $2,000, up to six months in county jail, or both. If serious bodily injury is inflicted, section 243(d) provides up to one year in county jail or two, three, or four years under section 1170(h).

Does battery require an injury in California?

No. CALCRIM No. 960 tells jurors the touching does not have to cause pain or injury of any kind, and that the slightest touching can be enough if done in a rude or angry way.

What is the difference between 240 and 242 PC?

Section 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Section 242 defines battery as the actual willful and unlawful use of force or violence on another person.

Can touching someone through their clothing be battery?

Yes. CALCRIM No. 960 states that making contact with another person, including through his or her clothing, is enough, if the other elements are proved.

Is self-defense a defense to a 242 charge?

When the evidence raises it, CALCRIM No. 960 requires the prosecution to prove the defendant did not act in self-defense, in defense of someone else, or while reasonably disciplining a child.