239 Cal. App. 4th 1491
Cal. Ct. App.2015Background
- 15-year-old B.L. was charged in juvenile court with two misdemeanor batteries on school employees (Pen. Code, §§ 242, 243.6) arising from a May 8, 2014 incident at John F. Kennedy High School.
- During a physical-education period, B.L. became agitated when teachers would not release her early; she used racial epithets, threatened staff, struck teacher Harry Campbell with a Frisbee, punched him, and kicked him.
- Teacher Wendolyn Eaglin approached with a functioning walkie-talkie; B.L. knocked the walkie-talkie from Eaglin’s hand and called Eaglin a slur.
- Defense disputed that B.L. struck Eaglin’s person, arguing only the device was struck; prosecution and the juvenile court treated the device as connected to Eaglin and found battery on Eaglin.
- After a contested hearing the juvenile court sustained both counts; B.L. was declared a ward, placed on probation, and appealed. The Court of Appeal affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether striking an object held by a teacher (a walkie-talkie) constitutes battery on the teacher | The contact with the walkie-talkie is contact with something connected to the person and thus constitutes battery | No touching of Eaglin’s person occurred — only the device was hit, so no battery on the person | Affirmed: touching an object intimately connected to a person (knocking the walkie-talkie from her hand) can satisfy battery under Penal Code §242 |
| Sufficiency of evidence for battery on the other teacher, Campbell | N/A — prosecution relied on eyewitness testimony of punch and kick | Defense disputed some facts but did not challenge sufficiency on appeal | Affirmed: undisputed evidence showed B.L. punched and kicked Campbell; conviction upheld |
Key Cases Cited
- People v. Lara, 44 Cal.App.4th 102 (Cal. Ct. App. 1996) (battery is a general intent offense)
- People v. Myers, 61 Cal.App.4th 328 (Cal. Ct. App. 1998) (the slightest touching suffices for battery)
- People v. Shockley, 58 Cal.4th 400 (Cal. 2013) (any harmful or offensive touching constitutes battery)
- State v. Townsend, 865 P.2d 972 (Idaho 1993) (contact with something intimately connected to the person may constitute criminal battery)
- State v. Ortega, 827 P.2d 152 (N.M. 1992) (grabbing an object from an officer’s hand can support battery)
- Malczewski v. State, 444 So.2d 1096 (Fla. Dist. Ct. App. 1984) (stabbing a bag held by another can constitute battery)