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].
A<insert description, e.g., “private in the United States
Army”> is a member of the United States Armed Forces.
A person commits an assault because of someone’s service in the Armed
1. That person is biased against the assaulted person based on the
assaulted person’s military service;
2. That bias caused the person to commit the alleged assault.
If the defendant had more than one reason to commit the alleged
assault, the bias described here must have been a substantial motivating
factor. A substantial factor is more than a trivial or remote factor.
However, it does not need to be the only factor that motivated the
[Voluntary intoxication is not a defense to assault.]
New January 2006; Revised March 2017
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 that defense. Give bracketed element 7 and any
appropriate defense instructions. (See CALCRIM Nos. 3470–3477.)
The jury must determine whether the alleged victim is a member of the United
States Armed Forces. (See 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 member of the armed forces. However, the court may not instruct the
jury that the alleged victim was a member of the armed forces as a matter of law.
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].)
CALCRIM No. 902 ASSAULTIVE AND BATTERY CRIMES