CALCRIM No. 890

Committing First Degree Burglary] (Pen. Code, § 220(a), (b))

The defendant is charged [in Count] with assault with intent to

commit <insert crime specified in Penal Code section 220(a)>

[while committing first degree burglary] [in violation of Penal Code

section 220((a)/ [and] (b))].

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

prove that:

1. The defendant did an act that by its nature would directly and

probably result in the application of force to a person;

2. The defendant did that act willfully;

3. When the defendant acted, (he/she) was aware of facts that would

lead a reasonable person to realize that (his/her) act by its nature

would directly and probably result in the application of force to

someone;

4. When the defendant acted, (he/she) had the present ability to

apply force to a person;

[AND]

5. When the defendant acted, (he/she) intended to commit

<insert crime specified in Pen. Code, § 220(a)>;

[AND

6. When the defendant acted, (he/she) was committing a first degree

burglary.]

<If the court concludes that the first degree burglary requirement in Pen.

Code, § 220(b) is a penalty allegation and not an element of the offense,

give the bracketed language below in place of element 6.>

6. [If you find the defendant guilty of the charged crime, you must

then decide whether the People have proved the additional

allegation that the crime was committed in the commission of a

first degree burglary.]

[First degree burglary is defined in another instruction to which you

should refer.]

Someone commits an act willfully when he or she does it willingly or on

purpose.

The terms application of force and apply force mean to touch in a

harmful or offensive manner. The slightest touching can be enough 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 People are not required to prove that the defendant actually

touched someone.]

No one needs to actually have been injured by the defendant’s act. But if

someone was injured, you may consider that fact, along with all the

other evidence, in deciding whether the defendant committed an assault[,

and if so, what kind of assault it was].

To decide whether the defendant intended to commit <insert

crime specified in Pen. Code, § 220(a)> please refer to Instruction[s]

which define[s] (that/those) crime[s].

New January 2006; Revised April 2010, October 2010, August 2012, March 2022,

February 2025