10.2.9: CALCRIM No. 945. Battery Against Peace Officer (Pen. Code, §§ 242, 243(b), (c)(2))

The defendant is charged [in Count ___] with battery against a peace officer [in violation of Penal Code section 243].

To prove that the defendant is guilty of this crime, the People must prove that:

1. <Insert officer’s name, excluding title> was a peace officer performing the duties of (a/an) <insert title of peace officer specified in Pen. Code, § 830 et seq.>;

2. The defendant willfully [and unlawfully] touched<insert officer’s name, excluding title> in a harmful or offensive manner;

[AND]

3. When the defendant acted, (he/she) knew, or reasonably should have known, that <insert officer’s name, excluding title> was a peace officer who was performing (his/her) duties(;/.)

<Give element 4 when instructing on felony battery against a peace officer.>

AND

4. <insert officer’s name, excluding title> suffered injury as a result of the touching(;/.)]

<Give element 5 when instructing on self-defense or defense of another.>

AND

5. 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 purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

<Do not give this paragraph when instructing on felony battery against a peace officer.>

[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.]

<Give this definition when instructing on felony battery against a peace officer.>

[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.]

[The touching can be done indirectly by causing an object [or someone else] to touch the other person.][A person who is employed as a police officer by <insert name of agency that employs police officer> is a peace officer.][A person employed by <insert name of agency that employs peace officer, e.g., “the Department of Fish and Wildlife”> is a peace officer if <insert description of facts necessary to make employee a peace officer, e.g., “designated by the director of the agency as a peace officer”>.]

[The duties of a <insert title of officer> include<insert job duties>.][It does not matter whether <insert officer’s name, excluding title> was actually on duty at the time.][A <insert title of peace officer specified in Pen. Code, § 830et seq.> is also performing the duties of a peace officer if (he/she) is in a police uniform and performing the duties required of (him/her) as a peace officer and, at the same time, is working in a private capacity as apart-time or casual private security guard or (patrolman/patrolwoman).

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