Penal Code 244 PC
PC 244 – Assault with Caustic Chemicals
Assault with Caustic Chemicals – Table of Contents
What is the definition of Assault with Caustic Chemicals under PC 244?
Any person who willfully and maliciously assaults another by placing, or throwing, with any vitriol, corrosive acid, flammable substance, or caustic chemical, with the intent to injure the flesh or disfigure the body of that person.
What are the mental states required under Penal Code 244 PC?
The two mental states under Penal Code 244 PC are willful and malice. The definition of malice is the conscious understanding that a specified conduct will cause substantial bodily injury or death. The definition of willful is the purposeful intent to cause the fact specified. Therefore, under this penal code the decision to assault another by placing, throwing, or causing to be paced or thrown, a caustic chemical must either be purposeful, or with the intent for the act to cause death or substantial bodily injury.
What substances are attributed to caustic chemicals under PC 244?
A vitriol is another word for sulfuric acid. It is the most corrosive chemical that is available. Anything less is simply referred to as corrosive. Corrosive chemicals are those that eat away at substances the chemical is mixed. Flammable chemicals are those capable of combustion or can ignite. Illustrations of flammable chemicals are gasoline, petroleum, or other liquids that ignite at 150 degrees of less. Caustic chemicals are those capable of eating away tissue or can slightly burn. If the chemical does not burn, tearing away any flesh, or eat away any tissue upon contact then it is not a caustic chemical.
Does constructive possession play a role under Penal Code 244 PC?
Yes. Constructive possession is active control rather than physical control. Active control means a person has authorization to dictate possession without physically touching it. Under Penal Code 244 PC a person can direct another to utilize caustic chemicals to harm another or set in motion several steps required to have the caustic chemical used in a fashion causing substantial injury or death.
What are the penalties for a violation of Penal Code 244 PC?
A violation of Penal Code is a felony. Punishment includes confinement of either 2, 3, or 4 years prison.
What are examples of violations of Penal Code 244 PC?
- After science class two college students get into a fight, one of students had a cup of dry ice, and pretended as if he was going to throw it on his classmate. The student with the dry ice meant to balk but while doing so tripped and caused the dry ice to splash on his classmate’s face causing irreparable damage. The student was arrested.
- Jay was playing basketball at a park with his dad. A couple of guys wanted to use the court and asked Jay and his dad to leave. When they refused, one of the guys opened a bag and held a container with a label that read, “Sulfuric Acid”. The guy holding the container said, “If you do not leave, I will throw this on you and make you both mutants”. Jay and his father ran away. They called the police. The police arrived arrested the guy with the container.
- Darrel, the neighborhood bully did not like that Dennis had a better bike. Dennis was on his bike riding to the store and passed by Darrel. When Dennis rode past Darrel, Darrel threw liquid a patch on his bike and tried to lite a match. Dennis jumped off his bike before the match was lit and ran home to tell his parents. His parents called the police about Darrel and the liquid. The police found Darrel on Dennis’s bike. The police confiscated the bike, examined the liquid, and certified it to be a highly flammable cocktail. Darrel was arrested.
What are the defenses for a violation of Penal Code 244 PC?
- Mistake in Fact – I thought I contained a caustic substance, but it was in fact not caustic.
- Self Defense
- Mistake in Law –
- The threat was not immediate
- The person threatened was not placed in fear
If you are charged with a violation of Penal Code 244 PC call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.
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