The People are not required to prove that the defendant actually
intended to use force against someone when (he/she) acted.
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].
[Voluntary intoxication is not a defense to assault.]
Acustodial officer is someone who works for a law enforcement agency
of a city or county, is responsible for maintaining custody of prisoners,
and helps operate a local detention facility. [A (county jail/city jail/
<insert other detention facility>) is a local detention
facility.] [A custodial officer is not a peace officer.]
New January 2006; Revised April 2011
The court has a sua sponte duty to give an instruction deﬁning the elements of the
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 7 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
In addition, 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].) If lawful
performance is an issue, give the appropriate portions of CALCRIM No. 2671,
Lawful Performance: Custodial Offıcer.
In the bracketed deﬁnition of “local detention facility,” do not insert the name of a
speciﬁc detention facility. Instead, insert a description of the type of detention
facility at issue in the case. (See People v. Flood (1998) 18 Cal.4th 470, 482 [76
Cal.Rptr.2d 180, 957 P.2d 869] [jury must determine if alleged victim is a peace
officer]; see Penal Code section 6031.4 [deﬁning local detention facility].)
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, 241.1.
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 901