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The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). [1]
In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. [12] At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt: an unlawful application of force; to the person of another
For instance, in the US state of California, section 243.8 of the Penal Code specifies that battery against a sports official shall result in a fine that does not exceed more than $2000, or imprisonment with the sentence not exceeding one year.
However, many misdemeanor offenses specifically list a punishment that exceeds the punishment listed in Penal Code section 19. For example, a misdemeanor violation of Battery on a Peace Officer is punishable by imprisonment in a county jail for up to one year and/or a two thousand dollar fine. [14]
The strong New York influence on early California law started with the California Practice Act of 1851 (drafted with the help of Stephen Field), which was directly based upon the New York Code of Civil Procedure of 1850 (the Field Code). In turn, it was the California Practice Act that served as the foundation of the California Code of Civil ...
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
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As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure." With a population of about 40 million people, in California every year there are approximately: