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.]
[It is not a defense that the touching occurred off campus or outside
regular school hours.]
Aschool employee is any person employed as a permanent or
probationary certiﬁcated or classiﬁed employee of a school district on a
part-time or full-time basis, including a substitute teacher, student
teacher, or school board member.
[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
New January 2006
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 6, the bracketed
words “and unlawfully” in element 2, and any appropriate defense instructions.
(See CALCRIM Nos. 3470–3477.)
Give alternative 3A or 3B, depending on whether there is evidence that the
defendant used force while the employee was performing job duties or used force
in retaliation for something the employee previously did while performing job
duties. (See Pen. Code, § 243.6.)
Give element 5 and the bracketed deﬁnition of “injury” if the defendant is charged
with a felony based on an injury to the alleged victim. (See Pen. Code, § 243.6.)
Give the bracketed paragraph on touching if indirect touching is an issue.
• Elements. Pen. Code, §§ 242, 243.6; 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].
• School Employee Deﬁned. Pen. Code, § 245.5(d).
CALCRIM No. 949 ASSAULTIVE AND BATTERY CRIMES