CALCRIM No. 841

Parent (Pen. Code, § 243(e)(1))

The defendant is charged [in Count] with battery against (the/a)

[defendant’s [former]] (spouse/cohabitant/fiancé/ person with whom the

defendant currently has, or previously had, a dating relationship/parent

of the defendant’s child) [in violation of Penal Code section 243(e)(1)].

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

prove that:

1. The defendant willfully [and unlawfully] touched

<insert name of complaining witness> in a harmful or offensive

manner;

[AND]

2. <insert name of complaining witness> is (the/a)

[defendant’s [former]] (spouse/cohabitant/fiancé/person with

whom the defendant currently has, or previously had, a dating

relationship/parent of the defendant’s child)(;/.)

<Give element 3 when instructing on self-defense or defense of another .>

[AND

3. 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.

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/ [or] by touching something held by or

attached to the other person).]

[The term cohabitants means two unrelated persons living together for a

substantial period of time, resulting in some permanency of the

relationship. Factors that may determine whether people are cohabiting

include, but are not limited to, (1) sexual relations between the parties

while sharing the same residence, (2) sharing of income or expenses, (3)

joint use or ownership of property, (4) the parties’ holding themselves

out as (husband and wife/domestic partners), (5) the continuity of the

relationship, and (6) the length of the relationship.]

[A person may cohabit simultaneously with two or more people at

different locations, during the same time frame, if he or she maintains

substantial ongoing relationships with each person and lives with each

person for significant periods.]

[The term dating relationship means frequent, intimate associations

primarily characterized by the expectation of affection or sexual

involvement independent of financial considerations.]

[A person is considered to be the (mother/father) of another person’s

child if the alleged male parent is presumed under the law to be the

natural father. <insert name of presumed father> is

presumed under law to be the natural father of <insert

name of child>.]

New January 2006; Revised June 2007, February 2016, February 2025, February