(a) Any person who commits a battery against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall be punished by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment.

(b) “Because of” means that the bias motivation must be a cause in fact of the battery, whether or not other causes exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the battery.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

(Added by Stats. 2003, Ch. 138, Sec. 2. Effective January 1, 2004.)