appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
Select the option in element six for “providing emergency medical care” if the
victim is a physician or nurse engaged in rendering emergency medical care.
In order to be “engaged in the performance of his or her duties,” a peace officer
must be acting lawfully. (People v. Gonzalez (1990) 51 Cal.3d 1179, 1217 [275
Cal.Rptr. 729, 800 P.2d 1159].) “[D]isputed facts bearing on the issue of legal
cause must be submitted to the jury considering an engaged-in-duty element.”
(Ibid.) 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. (People v. White (1980) 101
Cal.App.3d 161, 167–168 [161 Cal.Rptr. 541].) If excessive force is an issue, the
court has a sua sponte duty to instruct the jury that the defendant is not guilty of
the offense charged, or any lesser included offense in which lawful performance is
an element, if the defendant used reasonable force in response to excessive force.
(People v. Olguin (1981) 119 Cal.App.3d 39, 46–47 [173 Cal.Rptr. 663].) On
request, the court must also instruct that the People have the burden of proving the
lawfulness of an arrest beyond a reasonable doubt. (People v. Castain (1981) 122
Cal.App.3d 138, 145 [175 Cal.Rptr. 651].) Give the appropriate portions of
CALCRIM No. 2670, Lawful Performance: Peace Offıcer.
The jury must determine whether the alleged victim is a peace officer. (People v.
Brown (1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758 P.2d 1135].) The
court may instruct the jury on the appropriate deﬁnition of “peace officer” from the
statute (e.g., “a Garden Grove Regular Police Officer and a Garden Grove Reserve
Police Officer are peace officers”). (Ibid.) However, the court may not instruct the
jury that the alleged victim was a peace officer as a matter of law (e.g., “Officer
Reed was a peace officer”). (Ibid.) If the alleged victim is a police officer, give the
bracketed sentence that begins with “A person employed as a police officer.” If the
alleged victim is another type of peace officer, give the bracketed sentence that
begins with “A person employed by.”
The court may give the bracketed sentence that begins with “The duties of a
<insert title of peace offıcer speciﬁed in Pen. Code, § 830 et seq.>
include” on request. The court may insert a description of the officer’s duties such
as “the correct service of a facially valid search warrant.” (People v. Gonzalez,
supra, 51 Cal.3d at p. 1222.)
Do not give an attempt instruction in conjunction with this instruction. There is no
crime of “attempted assault” in California. (In re James M. (1973) 9 Cal.3d 517,
519 [108 Cal.Rptr. 89, 510 P.2d 33].)
• Elements. Pen. Code, §§ 240, 241.
• Fireﬁghter Deﬁned. Pen. Code, § 245.1.
• Peace Officer Deﬁned. Pen. Code, § 830 et seq.
• Willfully Deﬁned. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
CALCRIM No. 900 ASSAULTIVE AND BATTERY CRIMES