PC 243.10 Punishment -- Battery against Member of U.S. Armed Forces
(a) Any person who commits a battery against a member of the United States Armed Forces because of the Victim's service in the Unites 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 he bias motivation mus 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.
This charge is a misdemeanor, but a conviction under this statute could result in a prohibition on ownership and/or possession of a firearm.
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In October of 2014 it was announced that four local bars where deemed off-limits to military personnel in the Central Valley who are stationed at he military base in Lemoore California. The following article in the Fresno Bee gave the details:
Four nightclubs in Fresno have been placed off limits to Lemoore Naval Air Station sailors after a gang member severely beat a military member at a north Fresno club.Capt. Monty Ashliman, the base commander, imposed the off-limits order last week and said it would be in effect for at least a few months.A 23-year-old sailor was attacked at Ghaleb's Grill & Hookah Lounge, near Bullard and Blackstone avenues, on Sept. 27 by an unknown member of the Dog Pound gang and ended up in the hospital, the Fresno Police Department said Monday.No one was arrested and the case is under investigation, police Lt. Joe Gomez said.The four nightclubs affected by the off-limits order are Ghaleb's Grill & Hookah Lounge at 5665 N. Blackstone Ave., Encore Nightclub at 5030 N. First St., Club Imperio at 3950 N. Cedar Ave., and Kocky's Bar and Grill at 1231 Van Ness Ave.The purpose of the order appears to be to stop anyone from the Navy from trying to retaliate.“The gang problem versus our sailors will not be won with retaliation,” Ashliman‘s email message to “NAS Lemoore Leadership” states. “I don't care where you are from, and I don't care how many sailors there are, we will not win this battle. Drop the retaliation, you are compromising the safety and well-being of everyone onboard this installation and our families!”Additionally, anyone going to Fresno should not have Navy markings on their clothes, vehicles or bags, the email said.Ashliman's message is posted on the Facebook page of VFA 122 Flying Eagles Ombudsman.Three weeks before the beating, several sailors out on the town got into an altercation with Dog Pound members at another bar, and some sailors reportedly attacked a Dog Pound member, Gomez said.That incident was not reported to police, he said.About 10:30 p.m. Sept. 27, police received a call about a fight at Ghaleb's Grill and Hookah Lounge, he said. About 300 people exited the nightclub running, he said.The victim, an African-American man and a sailor, was seen on the ground “being kicked and punched,” Gomez said.When the fight started, a security guard attempted to intervene, but "another gang member punched the security guard,” Gomez said.The victim was taken to Community Regional Medical Center. A police officer went to the hospital and reported that the sailor had an abrasion to his head and was in a neck brace, but was too intoxicated to be interviewed.Gomez said he doesn't know if the victim was admitted to the hospital or the status of his condition. His name is not being released to protect his safety, he said.If an arrest is made in the case, a felony charge of battery causing severe bodily injury is likely, Gomez said.An off-duty police officer working for Ghaleb's as a parking lot guard recognized several people fleeing and arriving as Dog Pound gang members, he said.Despite the previous incident, the motive for the attack has not been established, he said.After the Ghaleb's incident, a Fresno Police Department gang unit officer met with officials at Lemoore Naval Air Station to advise them that the Dog Pound is a gang known for violence, shootings and murders, Gomez said.“They have ongoing violence” and are active with a lot of members, Gomez said. “We wanted to make sure they know.”Attempts to reach anyone with Ghaleb's Grill and Hookah Lounge for comment were unsuccessful.Representatives of two other nightclubs on the off-limits lists said it's unfair that they were included.“We didn't have anything to do with it,” said Michael Smith, owner of Kocky's Bar and Grill on Van Ness. “It brings a shadow to my restaurant and bar.”“It's disturbing,” said John Franco, an employee at Club Imperial near Cedar and Dakota avenues. “We're beautifying this area.