Penal Code §242
California Penal Code 242: battery explained
PC 242 defines battery as willful and unlawful force or violence upon another person. Understand the definition and why the charged PC 243 subdivision matters.
What section 242 defines
Section 242 defines battery through a willful and unlawful use of force or violence upon another person. This short definition is the starting point. It should be read together with the charging provision and applicable instructions rather than treated as a complete description of every battery case.
The difference between definition and punishment
Section 243 contains different battery provisions, including a general punishment provision, provisions involving particular protected persons or injury, and domestic battery under subdivision (e)(1). A reference to “242” alone may not identify every applicable allegation.
For example, the relationship requirement in domestic battery is a separate issue from the underlying battery definition. An injury allegation may also direct attention to a different subdivision. Read the exact document rather than substituting a generic online label.
Battery compared with assault
Section 240 defines assault as an unlawful attempt coupled with present ability to commit a violent injury. Section 242 addresses the use of force or violence itself. The legal distinction matters even when everyday conversation combines them as “assault and battery.”
Questions for reviewing the evidence
A factual review can distinguish what physical act is alleged, whether the act was willful, and what bears on whether the force was unlawful. Complete recordings and witness accounts may provide context missing from a brief incident summary.
The statutory text does not say that every unwanted interaction or every accidental contact is automatically battery. Applying the definition, any supported defense, and the governing instructions requires more than matching a keyword in a police report.
What this reference does not determine
This page does not decide whether the evidence proves an offense, identify a sentence, or evaluate a particular defense. Those questions depend on the charged provisions and the record. Keep the full charging document and existing notices available for an individual consultation.
Common questions
Does PC 242 contain the full punishment scheme?
No. Section 242 supplies the battery definition. Relevant provisions of section 243 and any other charged allegations require separate review.
Why compare PC 240 and 242?
They address different concepts: assault under PC 240 concerns an unlawful attempt with present ability; battery under PC 242 concerns willful and unlawful force or violence.
Sources
- California Penal Code section 242 leginfo.legislature.ca.gov Source checked on 2026-10-27