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WobblerCalifornia · Penal Code § 22810

Unlawful Pepper Spray

Having or using pepper spray when not allowed.

Can be charged as a felony OR a misdemeanor.

What the prosecutor must prove

They must prove every one of these. If one is missing, you should not be found guilty.

  1. 1You had or used tear gas
  2. 2You were a felon, or used it not in self-defense

Possible punishment

Up to 1 year, or up to 3 years.