California Criminal Jury Instructions (CALCRIM) (2017)

948. Battery Against Transportation Personnel or Passenger

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948.Battery Against Transportation Personnel or Passenger
(Pen. Code, §§ 242, 243.3)
The defendant is charged [in Count ] with battery against (a/an)
(operator/driver/ passenger/station agent/ticket agent) of (a/an)
<insert name of vehicle or transportation entity specified in
Pen. Code, § 243.3> [in violation of Penal Code section 243.3].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. <Insert name> was (a/an) (operator/driver/station
agent/ticket agent/passenger) of (a/an) <insert name
of vehicle or transportation entity specified in Pen. Code, § 243.3>;
2. The defendant willfully [and unlawfully] touched
<insert name> in a harmful or offensive manner;
<Give element 3 when alleged victim is an operator, driver, station agent,
or ticket agent.>
[3. When the defendant acted, <insert name> was
performing (his/her) duties as (a/an) (operator/driver/station
agent/ticket agent) of (a/an) <insert name of vehicle
or transportation entity specified in Pen. Code, § 243.3>;]
[AND]
4. When the defendant acted, (he/she) knew, or reasonably should
have known, that <insert name> was (a/an)
(operator/driver/station agent/ticket agent/passenger) of (a/an)
<insert name of vehicle or transportation entity
specified in Pen. Code, § 243.3> [and that <insert
name> was performing (his/her) duties](;/)
<Give element 5 when the defendant is charged with felony battery based
on injury.>
[AND]
[5. <insert name> suffered an injury as a result of the
force used(;/.)]
<Give element 6 when instructing on self-defense or defense of another.>
[AND
6. The defendant did not act (in self-defense/ [or] in defense of
someone else).]
Someone commits an act willfully when he or she does it willingly or on
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purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
Making contact with another person, including through his or her
clothing, is enough to commit a battery. [The slightest touching can be
enough if it is done in a rude or angry way.] [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.]
[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
injury itself.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
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 6, the bracketed
words “and unlawfully” in element 2, and any appropriate defense instructions.
(See CALCRIM Nos. 3470–3477.)
If the alleged victim was an operator, driver, station agent, or ticket agent of a
statutorily specified vehicle or transportation entity, give bracketed element 3 and
the bracketed language in element 4. If the alleged victim was a passenger, omit
bracketed element 3 and the bracketed language in element 4.
Give bracketed element 5 and the bracketed definition of “injury” if the defendant
is charged with felony battery based on an injury to the alleged victim. (See Pen.
Code, § 243.3.)
Give the final bracketed paragraph if indirect touching is an issue.
AUTHORITY
• Elements. Pen. Code, §§ 242, 243.3; see People v. Martinez (1970) 3
Cal.App.3d 886, 889 [83 Cal.Rptr. 914] [harmful or offensive touching].
• Injury Defined. Pen. Code, § 243(f)(6); People v. Longoria (1995) 34
Cal.App.4th 12, 17 [40 Cal.Rptr.2d 213].
• Willful Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 948
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• Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71
Cal.Rptr.2d 518] [citing People v. Rocha (1971) 3 Cal.3d 893, 899–900, fn. 12
[92 Cal.Rptr. 172, 479 P.2d 372]].
Secondary Sources
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the
Person, §§ 12–14, 20, 72, pp. 645–647, 650–651, 689.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.12 (Matthew Bender).
LESSER INCLUDED OFFENSES
• Assault. Pen. Code, § 240.
• Battery. Pen. Code, § 242.
If the defendant is charged with felony battery on transportation personnel or
passenger based on an injury to the alleged victim, then the misdemeanor battery
on the specified victim is a lesser included offense. (See Pen. Code, § 243.3.)
RELATED ISSUES
See the Related Issues sections to CALCRIM No. 960, Simple Battery.
CALCRIM No. 948 ASSAULTIVE AND BATTERY CRIMES
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