clothing, is enough to commit a battery.
[The duties of (a/an) <insert title speciﬁed in Pen. Code,
§ 243(c)(1)> include <insert appropriate list of job duties
from statutory deﬁnition of professions, if available>.]
[It does not matter whether <insert name> was actually on
duty at the time.]
[An injury is any physical injury that requires professional medical
treatment. The question whether an injury requires such treatment
cannot be answered simply by deciding whether or not a person sought
or received treatment. You may consider those facts, but you must
decide this question based on the nature, extent, and seriousness of the
[The touching can be done indirectly by causing an object [or someone
else] to touch the other person.]
New January 2006
The court has a sua sponte duty to give an instruction deﬁning the elements of the
crime. This instruction should be used when the alleged victim is not a peace
officer. If the alleged victim is a peace officer, use CALCRIM No. 945, Battery
Against Peace Offıcer.
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 2, the bracketed
words “and unlawfully” in element 1, and any appropriate defense instructions.
(See CALCRIM Nos. 3470–3477.)
If the alleged victim is a doctor or nurse, give element 2B. Otherwise give element
If the defendant is charged under Penal Code section 243(c)(1), give bracketed
element 4 and the deﬁnition of “injury.” If the defendant is charged with
misdemeanor battery under Penal Code section 243(b), do not give element 4 or
the deﬁnition of “injury”
Give the appropriate list of job duties for the alleged victim’s profession from the
current Penal Code section, if one is provided. Emergency medical technician,
nurse, custodial officer, lifeguard, traffic officer, and animal control officer are
deﬁned in Penal Code section 243(f). Fireﬁghter is deﬁned in Penal Code section
245.1. If a deﬁnition is provided in the statute, it should be given. (See People v.
Lara (1994) 30 Cal.App.4th 658, 669 [35 Cal.Rptr.2d 886].)
Give the ﬁnal bracketed paragraph if indirect touching is an issue.
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 926