When we called the National Guard Bureau press office about this, a spokesman referred us to Defense Secretary Mark Espers statement that National Guard forces did not fire rubber bullets or tear gas into the crowd.. believed that you were in imminent danger,, believed that force was necessary to stop the danger, and. Penal Code 244 PC is Californias law on assault with caustic chemicals. It makes it a crime to: As used in this section, a flammable substance means: Penal Code 171.7 PC is the California statute that makes it a crime to: A sterile area means any part of a PTF that is controlled in a manner consistent with the facilitys security plan. Eduardo Delgado told us: We did not use CS or chlorobenzalmalononitrile, commonly referred to as tear gas which is often used as a non-lethal option in law enforcement. Research tells us that pepper spray acts as a potent inflammatory agent. Senior Lecturer in Chemical Engineering, The University of Melbourne. There are many unanswered questions about the events. NY 10036. A defendant who uses a caustic chemical, such as mace or pepper spray, to threaten or immobilize a robbery victim is subject to a "dangerous or deadly weapon" enhancement, the Court of Appeal for this district ruled yesterday. A Project of The Annenberg Public Policy Center, Its also unclear whether other law enforcement entities used chemical irritants. But despite capsaicin coming from chilli peppers, pepper spray is still a weaponised irritant that can be delivered as an aerosol or powder. Some of the OC and CS will remain in the respiratory system, but a recovery of vision and the coordination of the eyes can be expected within 7 to 15 minutes. Police officers pepper spray a woman next to the Colorado State Capitol during protests on May 30, 2020, against the death of George Floyd at the hand of a now-former Minneapolis police officer. The units must also be sold in sealed tamper-proof packages. Statements a company makes about their product strength are not regulated. A wobbler is an offense that the prosecutor can charge as either: In lieu of the above, a judge may award misdemeanor (or summary) probation. There are also many types such as foam, gel, foggers, and spray.[35]. [33], Some "triple-action" pepper sprays also contain "tear gas" (CS gas), which can be neutralized with sodium metabisulfite (Campden tablets), though it is not for use on a person, only for area clean up. If the alleged victim was harmed as the result of an accident, the defendant should not be found guilty even if the defendant acted with criminal negligence or the victimwas badly injured. Any similar canister with the labels reading "dog spray" or "bear spray" is regulated under the Pest Control Products Actwhile legal to be carried by anyone, it is against the law if its use causes "a risk of imminent death or serious bodily harm to another person" or harming the environment and carries a penalty up to a fine of $500,000 and jail time of maximum 3 years. A caustic chemical under Penal Code section 244 is any corrosive, flammable substance that can burn living tissue. Penal Code 244, endnote 1; Penal Code 672 PC, endnote 2. It has been used for years against demonstrators and aggressive animals like bears. The USPP has admitted they were. So, why can police use them? Copyright 20102023, The Conversation Media Group Ltd. Police sprayed protesters with pepper spray inside Central Station after a Black Lives Matter rally in Sydney on June 6. The definition under regulation states "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person" is a prohibited weapon. But he or she may still have to pay a fine and may be subject o various conditions of probation, such as: Many common legal defenses can help a defendant avoid conviction for assault with a caustic chemical. Pepper spray can also be purchased concealed in items such as rings. The STOA appraisal states: For those taking drugs, or those subjected to restraining techniques that restrict the breathing passages, there is a risk of death. custody in the county jail for up to one year, and/or. Assault with caustic chemicals requires that the chemicals actually touch the other persons body. Water is a chemical because no matter how you slice it, it is composed of two hydrogen atoms and one oxygen atom arranged in a particular formation. Evidence of tear gas obtained via an unlawful search/seizure can get excluded from a criminal case. 1.2. Not only do they not work for this purpose, apricot kernels naturally have shockingly high levels of cyanide and some people with cancer have given themselves cyanide poisoning from eating the kernels or products derived from them. Thankfully, they'll all miss. Remove the patient from the area of exposure. Pepper spray is also an irritant. A prosecutor can charge a wobbler as either a misdemeanor or a felony. Reyna catches him in the act and grabs him by the jacket. do so within any sterile area of a public transit facility (PTF). ", "276 F3d 1125 Headwaters Forest Defense and Molly Burton v. The Coun", "Pepper Spray's Fallout, From Crowd Control to Mocking Images", "10 Inventors Who Came to Regret Their Creations", "Regulations of the People's Republic of China on Use of Police Implements and Arms by the People's Police", "Effects of Oleoresin Capsicum Pepper Spray on Human Corneal Morphology and Sensitivity - Vesaluoma et al. In a November 2018 article, titled How Tear Gas Works: A Rundown of the Chemicals Used on Crowds, the Scientific American said tear gas agents can be classified into two broad categories based on the pain receptors they activate. Penal Code 244 PC sets forth the California law as toassault with caustic chemicals. This section makes it a crime to throw or place caustic or flammable substances on someone with the intent to injure or disfigure that person. A criminal record can affect job, immigration, licensing and even housing opportunities. In recent weeks, the world has looked on as governments use chemical irritants to control protesters and riots. Local CBS reporters on the scene of the incident recovered still-warm spent canisters labeled Spede-Heat CS, as well as canisters labeled Skat Shell OC. https://en.wikipedia.org/w/index.php?title=Pepper_spray&oldid=1141061254, The US federal government uses CRC (capsaicin and related capsaicinoids) content for regulation. In an interview with former White House Press Secretary Sean Spicer for Newsmax, Trump described the photo op as a spontaneous event and downplayed any use of force to remove protesters. The active ingredient is capsaicin, the chemical that gives chili peppers their heat. The military moved them back. Expert groups continue to recommend use of the drug during pregnancy when necessary and in consultation with a doctor. Chemicals are in almost everything; food, animals, plants and yes - pepper spray. Pepper spray is an inflammatory agent. "Former F.B.I. [5][6] Its inflammatory effects cause the eyes to close, temporarily taking away vision. In the interview, Barr denies that police used tear gas on protestors at the park. 2012) Crimes Against the Person, 54. Judicial Council of California Criminal Jury Instructions. Capsaicin is the same compound that makes chillies hot, but in an intense, weaponised form. The study by two universities stressed that no pressure should be applied to the neck area. Ann Pharmacotherapy 1996;30:7335. It's this bodily response that makes pepper spray an effective, yet dangerous, method for crowd suppression: People have difficulty breathing and their vision becomes blurred as tear ducts overflow and eyelids swell. 4.2. They concluded that the person's own weight is not scientifically enough to stop a person's breathing with the rest of their body supported.[29]. Tear gas and pepper spray are chemical weapons. Please note: Our firm only handles criminal and DUI cases, and only in California. (e)(1)No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray. In a press briefing on June 3, White House Press Secretary Kayleigh McEnany said Attorney General William Barr ordered the clearing of the area the morning of June 1 to expand the perimeter by one block on each side, adding that Barr was surprised it hadnt been done yet when he got to the White House and told officers in the late afternoon to do it. Its not chemical.. CS, the chemical Delgado said USPP didnt use, is the first category of TRPA1-activating agents, which also include CR gas (dibenzoxazepine) and CN gas (chloroacetophenone, also used in bear spray), Scientific American said. This page was last edited on 23 February 2023, at 04:20. U.S. Park Police says officers used pepper balls, not tear gas. Its true pepper balls, which contain a pepper spray-like irritant, have a different makeup than another chemical typical referred to as tear gas (and which USPP specifically says it didnt use). So while she may be guilty of the crime of 242 PC battery she is not guilty of assault with a caustic chemical. [34], Pepper spray typically comes in canisters, which are often small enough to be carried or concealed in a pocket or purse. Containing a payload not exceeding 20ml (0.70impfloz; 0.68USfloz), with a percentage of Oleoresin Capsicum not exceeding 10% and a maximum concentration of. Pepper spray works almost instantly, forcing the eyes to close and flood with tears. Pepper spray is not a chemical irritant. These are mostly derived from capsaicin, the spice compound in chili peppers. One called nonivamide (also known as PAVA or pelargonic acid vanillylamide) is mostly made by humans. Tear gas and pepper spray are chemical weapons. using tear gas to commit another offense is illegal. Defense attorneys use different strategies to defend against PC 22810 charges. Attorney General Bill Barr has defended the use of pepper spray against protesters in Washington DC last Monday, claiming that the substance is "not a chemical irritant." The claim that. [19] The American Civil Liberties Union (ACLU) documented 27 people in police custody who died after exposure to pepper spray in California since 1993. Regular meetings with a probation officer. She was previously a senior writer for Live Science but is now a freelancer based in Denver, Colorado, and regularly contributes to Scientific American and The Monitor, the monthlymagazine of the American Psychological Association. Pretty much everything around us is made of chemicals, an apple, for example naturally contains around 300 different chemicals. Pepper Spray PURPOSE The Pacific Cooperative Studies Unit (PCSU) is concerned for the welfare and safety of its employees in . Example: Corinne is fighting with her co-worker Mark in the company breakroom. They were so pleasant and knowledgeable when I contacted them. Penal Code 242 battery, on the other hand, is the actual infliction of force or violence. Containing no flammable, corrosive, toxic or carcinogenic substances, and no other aggressive chemical compound than OC itself; Being sealed when sold and featuring a safety device against accidental discharge; Featuring a range not exceeding 3m (9.8ft). Reasonable belief of an imminent danger of being killed, injured, or touched unlawfully, Reasonable belief that force was needed to prevent that from happening, and. But combined, they can produce toxic and deadly chlorine gas. Persons over age 14 may carry personal-protection spray devices with their legal guardian's consent. Justified use against humans as self-defense is allowed. These events followed the deployment of chemical riot control agents specifically pepper bombs in Washington DC last week. Extraction of oleoresin capsicum (OC) from peppers requires capsicum to be finely ground, from which capsaicin is then extracted using an organic solvent such as ethanol. In the interview, Brennan pressed Barr on the decision to aggressively clear peaceful protestors from Lafayette Park in Washington, D.C., prior to a walk through the park for a photo opportunity by President Donald Trump at St. John's Church. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. you did not buy, possess, or use tear gas, and/or, you did not buy, possess, or use tear gas.. They may cause a reaction on your. What counts a caustic chemical under California PC 244? (b)No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon. The list of covered munitions included pepper balls.. Penal Code 22810 only prohibits the unlawful use/possession of tear gas. By 1985, pepper spray was used in the field against aggressive black and grizzly bears in 66 documented cases. Coupled with coughing fits and difficulty breathing, this means the targeted person is effectively blinded and incapacitated. State law and local ordinances regarding possession and use vary across the country. Pepper spray up to 4 Oz is permitted in checked baggage. This is related to, but not quite the same as, the requirement that the defendant acted maliciously. The Cambridge English dictionary defines a chemical as any basic substance that is used in or produced by a reaction involving changes to atoms or molecules and chemistry as; the scientific study of the basic characteristics of substances and the ways in which they react or combine. Several chemists on twitter were quick to respond with reasoned debunking of why AG Barrs comments were incorrect. Whereas CS & CN have different receptors and were more toxic, he said in an email, referring to chloroacetophenone. Beyond the scientifically unsavvy sound bite about chemicals, Barr sought to downplay the effects of the crowd control used in Washington, D.C. (X. Coast guardsmen as well as prison officers have access to it. The most important chemical in OC is capsaicin. Tear gas and pepper spray are lay terms to describe a group of agents used to subdue combative persons in a non-lethal manner. More specifically, tear gas is often used to describe weapons that disperse their irritants in the air either as liquid aerosol droplets (such as gas canisters), or as a powder (such as pepper balls). Senate Backs Purchase of Pepper Spray Without ID - Massachusetts news - Boston.com", "Florida Statues 790.01 Unlicensed carrying of concealed weapons or concealed firearms", "Florida Statues 790.053 Open carrying of weapons", "Michigan Penal Code 750.224d Self-defense spray or foam device", " 18.2-312. The first is the type, level of 'hotness', or concentration of pepper spray. Vitriol is one type of caustic substance. During a protest, it is impossible to tell what chemical is being used as the clinical manifestations are the same., Trumps reelection campaign has claimed the media was falsely reporting that U.S. Park Police used tear gas, and in a Fox News Radio interview on June 3, Trump said the stories about clearing out the protesters with tear gas were fake. A felony conviction is punishable by imprisonment in state prison for up to three years. US Attorney General William Barr said there was no tear gas used, claiming pepper spray is not a chemical irritant. Capsaicin is not soluble in water, and even large volumes of water will not wash it off, only dilute it. Our California criminal defense attorneys will address the following in this article: 22810 PC is the California statute on unlawful use of tear gas. As used in this section, a "flammable substance" means: gasoline, Other sprays may use an alcohol (such as isopropyl alcohol) base for a more penetrating product, but a risk of fire is present if combined with a taser.[11]. Trump has been criticized for the chain of events. [22], The head of the FBI's Less-Than-Lethal Weapons Program at the time of the 1991 study, Special Agent Thomas W. W. Ward, was fired by the FBI and was sentenced to two months in prison for receiving payments from a pepper-gas manufacturer while conducting and authoring the FBI study that eventually approved pepper spray for FBI use. The initial reaction, should the spray be directed at the face, is the involuntary closing of the eyes, an instant sensation of the restriction of the airways and the general feeling of sudden and intense, searing pain about the face, nose, and throat. . There is much debate over the actual cause of death in these cases. Police also encourages vulnerable groups like pensioners or women to carry one. Front-line police officers have routinely carried pepper spray since 1997. Eduardo Delgado, the spokesperson for the U.S. Park Police, told a Vox reporter. This form is encrypted and protected by attorney-client confidentiality. So, AG Barr is entirely incorrect by saying that pepper spray has no chemicals in it, when it, in fact, comprises entirely of them. Q: Is the use of acetaminophen during pregnancy linked to autism or ADHD? A conviction is punishable by up to three years injail or prison. The risk was highest when used for training of law enforcement personnel and involved severe ocular symptoms., Chemical irritants are actually banned from use in war by the Chemical Weapons Convention, Mishori and Kearney said, but the convention includes an exception for [l]aw enforcement including domestic riot control purposes. Trump signed legislation last year that banned the commercial exportation of certain riot-control devices to Hong Kong police. 1. It also causes temporary discomfort and burning of the lungs which causes shortness of breath. In the 1920s, the Geneva Protocol was enacted to ban the use of indiscriminate and often ineffective chemical weapons on the battlefield. It refers specifically to sulfuric acid and related compounds. Today, the unjustified use of chemical riot control agents threatens to erode the systems that are meant to protect us from the most dangerous weaponised chemicals. Caustic chemicals, on the other hand, are defined as substances that can cause damage or burn through, by means of chemical action. He said he believed the terms were used interchangeably- tear gas vs lacrimator. A lacrimator, of course, is a substance that produces tears, and both CS and OC do that. Penal Code 244 PC -- Assault with caustic chemicals or flammable substances. The state of California views and identifies pepper spray as a practical means for their residents to safeguard . Pepper balls, too, are a chemical irritant, though: They're essentially paint balls filled with oleoresin capsicum, a capsaicin-containing product also derived from chili peppers. When is it a crime to buy, use, or possess tear gas? By saying that no chemicals were present in the pepper spray, Barr was almost certainly trying to suggest that the substance used was less harmful than it actually was. Bleach and ammonia separately are effective chemical cleaning products unlikely to cause harm to human health if used as directed. In order for a defendant to be found guilty under Penal Code 244, he or she must have intended to injure or disfigure the victim. Criminal Defense Penal Code 244 PC - Assault with Caustic Chemicals. When we called the National Guard Bureau press office about this, a spokesman referred us to Defense Secretary Mark Espers, that National Guard forces did not fire rubber bullets or tear gas into the crowd., Viral Posts Share Old, Edited White House Photo in Dark, Meme Misrepresents Faucis Position on Vaccine Trials, Centers for Disease Control and Prevention, How Tear Gas Works: A Rundown of the Chemicals Used on Crowds. Although Penal Code section 244 is titled "assault with caustic chemicals," this statute does not truly define an assault crime since actual contact with the other person is required. "Vitriol"is one type of caustic substance. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. However, if it contains less than 100ml (3.5impfloz; 3.4USfloz), while still a Category 6 Weapon, it is not classed as a punishable offense for the purposes of the Weapons law. If sentenced to probation, the defendant will serve at most up to a year in county jail. 41 (8): 2138 - Investigative Ophthalmology & Visual Science", "CROWD CONTROL TECHNOLOGIES (An appraisal of technologies for political control)", "Pepper Spray Update: More Fatalities, More Questions | United States Environmental Protection Agency | American Government", https://www.ncjrs.gov/pdffiles/posasph.pdf, "New Study: More Evidence Against the Myth of "Restraint Asphyxia", https://www.ncjrs.gov/pdffiles1/nij/grants/181655.pdf, "A Randomized Controlled Trial Comparing Treatment Regimens for Acute Pain for Topical Oleoresin Capsaicin (Pepper Spray) Exposure in Adult Volunteers - Prehospital Emergency Care", "Frontline Medics on How to Handle Tear Gas", "Tear Gas Cleanup Procedures | Cleanfax magazine", "Nigeria: Possession of Pepper Spray an Offence Says Nigerian Police", "Everything you Need to Know about Pepper Spray in South Africa", "Self-defense gadgets popular after hotel assault - China - Chinadaily.com.cn", "HK Laws. In this section, we offer solutions for clearing up your prior record. (d)No minor shall purchase, possess, or use tear gas or any tear gas weapon. Unauthorized possession of weapons in public buildings PC 171b, 4.2. 3.1 Heating Solutions from Powerblanket. It must be purchased in person (i.e., cannot be purchased by mail-order or internet sale) either at a pharmacy or from a licensed firearm retailer (, The use of pepper spray to prevent a public official from performing his/her official duties is a class-E. This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape. Kearneys 2014 study reviewed 10 years of pepper spray exposures reported to a poison control system (from 2002 to 2011) and found a low 1 in 15 potential risk for more severe adverse health effects in persons exposed to pepper spray that warranted a medical evaluation. I guess they just reported there were no, what would you call them, the rubber bullets or whatever. [23][24] Prosecutors said that from December 1989 through 1990, Ward received about $5,000 a month for a total of $57,500, from Luckey Police Products, a Fort Lauderdale, Florida-based company that was a major producer and supplier of pepper spray. Clinics in Lab Med 1998;18:1920; Watson WA, Stremel KR, and Westdorp EJ. Attorney General Bill Barr attempted to downplay the clearing of peaceful protestors in Washington, D.C. Dogs: How Effective Is It? Serve a sentence in jail instead of prison, or. He needs kerosene to run a space heater and heat his RV in winter, but he has no money to pay for it. Please complete the form below and we will contact you momentarily. [7][8][9], The active ingredient in pepper spray is capsaicin, which is derived from the fruit of plants in the genus Capsicum, including chilis. Stephanie received a bachelor's degree in psychology from the University of South Carolina and a graduate certificate in science communication from the University of California, Santa Cruz. Visit our corporate site (opens in new tab). Idaho is an extremely permissive state concerning pepper sprays and tear gas sprays. Definitely recommend! Up to one (1) year in county jail; and/or. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. NASA warns of 3 skyscraper-sized asteroids headed toward Earth this week. Extraction of oleoresin capsicum (OC) from peppers requires capsicum to be finely ground, from which capsaicin is then extracted using an organic solvent such as ethanol. One pepper spray company even advertises its product as the most effective chemical irritant available.. Higher OC content only reliably implies a higher oil content, which may be undesirable as the. Such an assumption is at the very core of some aspects of alternative medicine where purveyors claim that natural remedies are less harmful than those synthesized artificially. In order to be guilty of ADW, a defendant must use force that is likely to produce, How badly the alleged victim was injured; and. Under Penal 240, the California crime of assault describes an attempt or a threat to use force or violence. Assault with caustic chemicals - PC 244. of Pepper Spray The North Carolina study found that the number of injuries to police officers and suspects decreased after pepper spray was introduced. So, why can police use them? He was sentenced to a good behavior bond and granted a spent conviction order, which he appealed to the Supreme Court. Some are less serious versions of Californias assault and battery laws. Such injuries can cause blindness, for example, if the eyes are hit.. Because lachrymatory agents work on nerve receptors that help us sense heat, they also induce an intense burning sensation. ", "How Hot is That Pepper? Attorney General Bill Barr has defended the use of pepper spray against protesters in Washington DC last Monday, claiming that the substance is not a chemical irritant.. Remove all clothing and jewelry. Despite assertions to the contrary by Attorney General William Barr, pepper spray is a chemical. The severity of health effects from pepper spray exposure may be contingent on several product-, dispersal-, and patient-related factors. [69] Carrying bear spray in public, without justification, may also lead to charges under the Criminal Code. And it's like, 'I don't know.' But, in fact, the bucket contains a strong commercial detergent, which burns Marks arms. Are guns more effective than pepper spray in an Alaska bear attack? buying tear gas is legal if the purchase is for self-defense. 1.1. Puzzle of the sun's mysterious 'heartbeat' signals finally solved, China's Mars rover may be dead in the dust, new NASA images reveal, Terrifying sea monster 'hafgufa' described in medieval Norse manuscripts is actually a whale. They moved them out., Trump didnt mention the pepper balls. Both chemical irritants cause, according to Mishori, sometimes severe irritation to mucous membranes (e.g eyes, mouth, nasal passages, lungs), causing people to experience burning sensations on the skin and in the eyes, tearing, coughing, sneezing, difficulty breathing, nausea, vomiting, disorientation., LISTEN: President @realDonaldTrump calls out the Fake News for falsely reporting that the USPP used tear gas pic.twitter.com/OtDLBZ1TTn, Team Trump (Text TRUMP to 88022) (@TeamTrump) June 3, 2020. Some manufacturers may show a very high percentage of OC, but the resin itself may not be spicy enough. The product is delivered differently than pepper spray (which is sprayed from a canister), but the results are the same. pic.twitter.com/35H1BQjZTwJune 1, 2020. Pepper spray is also, inarguably, an irritant. But despite capsaicin coming from chilli peppers, pepper spray is still a weaponised irritant that can be delivered as an aerosol or powder. The US Army performed studies in 1993 at Aberdeen Proving Ground, and a UNC study in 2000 stated that the compound in peppers, capsaicin, is mildly mutagenic, and 10% of mice exposed to it developed cancer. Some studies have found no harmful effects beyond the effects described above. How Scientists Measure Spiciness", "Red Pepper Spray Ingredients and Formula", "Bear Spray Vs. A true loss of vision signifies a very serious burn. Artillery shells were filled with chemicals such as xylyl bromide and chloroacetone and fired at enemy soldiers. possessing tear gas is illegal if done by a narcotic addict. (4)Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use. Participation in individual or group therapy, Performance of community service or community labor, and/or. Penal Code 244 PC is California's law on "assault with caustic chemicals." It makes it a crime to: throw or place caustic or flammable substances on someone, and; do so with the intent to injure or disfigure that person. The first commercial product of its type, Litman's design packaged phenacyl chloride (CN) tear gas dissolved in hydrocarbon solvents into a small aerosol spray can, usable in many environments and strong enough to act as a deterrent and incapacitant when sprayed in the face. (11G0142) (GU n. 157 del 8-7-2011)", "IX-705 Lietuvos Respublikos ginkl ir audmen kontrols statymas", "Tamsus paros metas ilgja: Pasak geriausi priemon apsiginti nuo plik", " 3 . Not all capsaicinoids are obtained naturally. There have been few controlled clinical studies of the human health effects of pepper spray marketed for police use, and those studies are contradictory. It should unequivocally be considered a type of tear gas. What is the safety of "pepper spray" use by law enforcement or mental health service staff? Call us to discuss your case with an experienced California assault and battery lawyer. These include showing that: This statute acts as a defense if you use tear gas in defense of yourself or others. Anne Calverley, "Judge clears use of pepper spray", Last edited on 23 February 2023, at 04:20, police sprayed peaceful protestors at University of California, Davis in 2011, Learn how and when to remove this template message, "What is pepper spray, and is it dangerous? (CN can also be lethal in high doses, according to a 2003 paper in the journal Toxicology Review.) They are termed less-lethal because they are less likely to kill than conventional weapons. (g)(1)Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.
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