What are the elements of a violation of section 4501.5 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Fullbright, D067560 (Cal. App. 2015):
The elements of a violation of section 4501.5 are: (1) The defendant was confined in a state prison; (2) while confined, the defendant willfully touched the victim in a harmful or offensive manner; and (3) the victim was not confined in a state prison. (People v. Flores (2009) 176 Cal.App.4th 924, 930, citing CALCRIM No. 2723.) Section 4501.5 is often thought of as battery committed in prison, by a prisoner, against a nonprisoner.
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