harmful or offensive manner. The slightest touching can be enough if it
is done in a rude or angry way. Making contact with another person,
including through his or her clothing, is enough. The touching does not
have to cause pain or injury of any kind.
[The touching can be done indirectly by causing an object [or someone
else] to touch the other person.]
[The People are not required to prove that the defendant actually
No one needs to actually have been injured by the defendant’s act. But
if someone was injured, you may consider that fact, along with all the
other evidence, in deciding whether the defendant committed an
assault[, and if so, what kind of assault it was].
To decide whether the defendant intended to commit
<insert crime speciﬁed in Pen. Code, § 220(a)> please refer to
Instruction[s] which deﬁne[s] (that/those) crime[s].
New January 2006; Revised April 2010, October 2010, August 2012
The court has a sua sponte duty to give this instruction deﬁning the elements of
The court has a sua sponte duty to give a Mayberry consent instruction if the
defense is supported by substantial evidence and is consistent with the defense
raised at trial. (People v. May (1989) 213 Cal.App.3d 118, 124–125 [261 Cal.Rptr.
502]; see People v. Mayberry (1975) 15 Cal.3d 143 [125 Cal.Rptr. 745, 542 P.2d
1337]; see also CALCRIM No. 1000, Rape or Spousal Rape by Force, Fear, or
Threats [alternative paragraph on reasonable and actual belief in consent].)
The court has a sua sponte duty to instruct on the sex offense or offense alleged.
(People v. May (1989) 213 Cal.App.3d 118, 129 [261 Cal.Rptr. 502].) In the
blanks, specify the sex offense or offenses that the defendant is charged with
intending to commit. Included sex offenses are: rape (Pen. Code, § 261); oral
copulation (Pen. Code, § 288a [including in-concert offense]); sodomy (Pen. Code,
§ 286 [including in-concert offense]); sexual penetration (Pen. Code, § 289); rape,
spousal rape, or sexual penetration in concert (Pen. Code, § 264.1); and lewd or
lascivious acts (Pen. Code, § 288). (See Pen. Code, § 220.) Give the appropriate
instructions on the offense or offenses alleged.
The court should also give CALCRIM Nos. 1700 and 1701 on burglary, if
defendant is charged with committing the offense during a ﬁrst degree burglary, as
well as the appropriate CALCRIM instruction on the target crime charged pursuant
to Penal Code section 220.
CALCRIM No. 890 ASSAULTIVE AND BATTERY CRIMES