Section 245.3 Of Chapter 9. Assault And Battery From California Penal Code >> Title 8. >> Part 1. >> Chapter 9.
245.3
. Every person who commits an assault with a deadly weapon or
instrument or by any means likely to produce great bodily injury upon
the person of a custodial officer as defined in Section 831 or
831.5, and who knows or reasonably should know that the victim is a
custodial officer engaged in the performance of that person's duties,
shall be punished by imprisonment in the state prison for three,
four, or five years.
When a person is convicted of a violation of this section in a
case involving use of a deadly weapon or instrument, and such weapon
or instrument is owned by that person, the court may, in its
discretion, order that the weapon or instrument be deemed a nuisance
and shall be confiscated and destroyed in the manner provided by
Sections 18000 and 18005.