Penal Code - PEN 245.3. PART 1. OF CRIMES AND PUNISHMENTS [25. - 680.4.] TITLE 8. OF CRIMES AGAINST THE PERSON [187. - 248.] CHAPTER 9. Assault and Battery [240. - 248.] 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. Amended by Stats. 2010, Ch. 178, Sec. 54. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.