Penal Code section 240 defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury on another person. Penal Code section 242 defines battery as any willful and unlawful use of force or violence upon another. Both are foundational offenses that other, more specific statutes (such as aggravated assault or battery on a peace officer) build upon.
These statutes are central to nearly every use-of-force review involving a security officer, whether the officer is the reporting witness to a customer altercation, the person who separated combatants, or — in rare and serious cases — someone accused of exceeding lawful force. Retail, apartment, and event security incident reports routinely cite these code sections when describing physical confrontations.
A private security officer's own use of physical force is governed by ordinary private-citizen self-defense and defense-of-others principles, not any special officer privilege; force must be objectively reasonable and proportionate to the threat, and officers can themselves be charged under these statutes if force exceeds what the law allows. Training and post orders should tie directly back to these definitions.
Verify current statutory language and consult counsel when drafting use-of-force policy, since interpretation of 'reasonable force' evolves through appellate case law.
Related entries
Official sources
- [1]Cal. Penal Code § 240California Legislative Information
- [2]Cal. Penal Code § 242California Legislative Information
Links point to the publishing agency or the California Legislative Information text. Government pages are reorganized periodically — if a link moves, search the code section or agency name at the official site.
General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.