he or she is conﬁned in a local correctional institution pending trial or is
temporarily outside the prison walls or boundaries for any permitted
purpose, including but not limited to serving on a work detail.]
[However, a prisoner who has been released on parole is not serving a
sentence in a state prison.]
<When lawful performance is an issue, give the following paragraph and
Instruction 2671, Lawful Performance: Custodial Offıcer.>
[A custodial officer is not lawfully performing his or her duties if he or
she is using unreasonable or excessive force in his or her duties.
Instruction 2671 explains when force is unreasonable or excessive.]
New January 2006; Revised March 2017
The court has a sua sponte duty to give this instruction deﬁning the elements of
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on the defense. Give bracketed element 4 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
The court has a sua sponte duty to instruct on defendant’s reliance on self-defense
as it relates to the use of excessive force. (See People v. Coleman (1978) 84
Cal.App.3d 1016, 1022–1023 [149 Cal.Rptr. 134]; People v. White (1980) 101
Cal.App.3d 161, 167–168 [161 Cal.Rptr. 541]; People v. Olguin (1981) 119
Cal.App.3d 39, 46–47 [173 Cal.Rptr. 663].) If there is evidence of excessive force,
give bracketed element 4, the last bracketed paragraph, and the appropriate portions
of CALCRIM No. 2671, Lawful Performance: Custodial Offıcer.
Give the bracketed paragraph on indirect touching if that is an issue.
In the deﬁnition of “serving a sentence in a state prison,” give the bracketed
portion that begins with “regardless of the purpose,” or the bracketed second or
third sentence, if requested and relevant based on the evidence.
CALCRIM No. 960, Simple Battery.
• Elements of Battery by Prisoner on Nonprisoner. Pen. Code, § 4501.5.
•Elements of Battery. Pen. Code, § 242; see People v. Martinez (1970) 3
Cal.App.3d 886, 889 [83 Cal.Rptr. 914] [harmful or offensive touching].
• Willful Deﬁned. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
• Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71
CALCRIM No. 2723 CRIMES AGAINST GOVERNMENT