Cal Pen Code § 273.5 (2004)
§ 273.5. Infliction of injury on present or former spouse or cohabitant
or parent of child; Punishment; Conditions of probation
(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.
(b) Holding oneself out to be the husband or wife of the
person with whom one is cohabiting is not necessary to constitute cohabitation
as the term is used in this section.
(c) As used in this section, "traumatic condition"
means a condition of the body, such as a wound or external or internal injury,
whether of a minor or serious nature, caused by a physical force.
(d) For the purpose of this section, a person shall be
considered the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections
7611 and 7612 of the Family Code.
(e) (1) Any person convicted of violating this section for
acts occurring within seven years of a previous conviction under subdivision
(a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245,
shall be punished by imprisonment in a county jail for not more than one year,
or by imprisonment in the state prison for two, four, or five years, or by both
imprisonment and a fine of up to ten thousand dollars ($ 10,000).
(2) Any person convicted of a violation of this section for
acts occurring within seven years of a previous conviction under subdivision
(e) of Section 243 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 ten thousand dollars ($ 10,000), or by both that
imprisonment and fine.
(f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition
of a sentence is suspended, for any defendant convicted under subdivision (a)
who has been convicted of any prior offense specified in subdivision (e), the
court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within
the previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the provisions
contained in Section 1203.097, that he or she be imprisoned in a county jail
for not less than 15 days.
(2) If the defendant has suffered two or more prior
convictions within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation, in addition
to the provisions contained in Section 1203.097, that he or she be imprisoned
in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that
the mandatory imprisonment required by this subdivision shall not be imposed
and shall state on the record its reasons for finding good cause.
(h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent with the
terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one
or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($ 5,000), pursuant to
Section 1203.097.
(2) That the defendant reimburse the victim for reasonable
costs of counseling and other reasonable expenses that the court finds are the
direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered
women's shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's ability to
pay. In no event shall any order to make payments to a battered women's shelter
be made if it would impair the ability of the defendant to pay direct
restitution to the victim or court-ordered child support. Where the injury to a
married person is caused in whole or in part by the criminal acts of his or her
spouse in violation of this section, the community property may not be used to
discharge the liability of the offending spouse for restitution to the injured
spouse, required by Section 1203.04, as operative on or before August 2, 1995,
or Section 1202.4, or to a shelter for costs with regard to the injured spouse
and dependents, required by this section, until all separate property of the
offending spouse is exhausted.