PC 273.5(a) - Any person who
willfully inflicts upon a person who is his or her spouse, former
spouse, cohabitant, former cohabitant, or the mother or father of his
or her child, corporal injury resulting in a traumatic condition, is
guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison for two, three, or four years, or in
a county jail for not more than one year, or by a fine of up to six
thousand dollars ($6,000) or by both that fine and imprisonment.
PC 243(e)(1) - When a battery is
committed against a spouse, a person with whom the defendant is
cohabiting, a person who is the parent of the defendant's child,
former spouse, fiance, or fiancee, or a person with whom the defendant
currently has, or has previously had, a dating or engagement
relationship, the battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail for a
period of not more than one year, or by boththat fine and
imprisonment. If probation is granted, or the execution or imposition
of the sentence is suspended, it shall be a condition thereof that the
defendant participate in, for no less than one year, and successfully
complete, a batterer's treatment program, as defined in Section
1203.097, or if none is available, another appropriate counseling
program designated by the court. However, this provision shall not be
construed as requiring a city, a county, or a city and county to
provide a new program or higher level of service as contemplated by
Section 6 of Article XIIIB of the California Constitution.
