California Criminal Jury Instructions (CALCRIM) (2017)

951. Battery Committed on School, Park, or Hospital Property

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951.Battery Committed on School, Park, or Hospital Property
(Pen. Code, §§ 242, 243.2)
The defendant is charged [in Count ] with battery against a
person on (school property/park property/hospital grounds) [in violation
of Penal Code section 243.2].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully [and unlawfully] touched
<insert name> in a harmful or offensive manner;
[AND]
2. When the defendant acted, (he/she) was on (school property/park
property/the grounds of a hospital)(;/.)
<Give element 3 when instructing on self-defense, defense of another, of
reasonable discipline>
[AND
3. The defendant did not act (in self-defense[,]/ [or] in defense of
someone else[,]/ [or] while reasonably disciplining a child).]
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
The slightest touching can be enough to commit a battery if it is done in
a rude or angry way. Making contact with another person, including
through his or her clothing, is enough. 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.]
[A school is any (elementary school/junior high school/four-year high
school/senior high school/adult school [or any branch
thereof]/opportunity school/continuation high school/regional
occupational center/evening high school/technical school/community
college).]
[A park is any publicly maintained or operated park. It does not include
any facility that is being used for professional sports or commercial
events.]
[A hospital is any facility for the diagnosis, care, and treatment of
human illness that is (licensed/specifically exempt from licensing) under
state law.]
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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 3, the bracketed
words “and unlawfully” in element 1, and any appropriate defense instructions.
(See CALCRIM Nos. 3470–3477.)
Give the bracketed paragraph on indirect touching if that is an issue. Give any of
the bracketed definitions on request depending on the facts in the case.
Related Instructions
CALCRIM No. 960, Simple Battery.
CALCRIM No. 906, Assault Committed on School or Park Property.
AUTHORITY
• Elements. Pen. Code, §§ 242, 243.2.
Willful Defined. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
• 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, §§ 22, 23.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.02 (Matthew Bender).
RELATED ISSUES
Touching of Something Attached to or Closely Connected with Person
The committee could not locate any authority on whether it is sufficient to commit
a battery if the defendant touches something attached to or closely connected with
the person. Thus, the committee has not included this principle in the instruction.
Labor Dispute
Penal Code section 243.2 does not apply to conduct arising during the course of an
otherwise lawful labor dispute. (Pen. Code, § 243.2(c).)
952–959. Reserved for Future Use
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 951
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