CALCRIM No. 904

The defendant is charged [in Count] with assault on a school

employee [in violation of Penal Code section 241.6].

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;

5. When the defendant acted, (he/she) knew, or reasonably should

have known, that the person assaulted was a school employee

[and that (he/she) was performing (his/her) duties as a school

employee];

[AND]

6. (When the defendant acted, the person assaulted was performing

(his/her) duties[,]/ [or] (The/the) defendant acted in retaliation for

something the school employee had done in the course of (his/her)

duties)(;/.)

<Give element 7 when instructing on self-defense or defense of another .>

[AND

7. 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 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.]

The People are not required to prove that the defendant actually

intended to use force against someone when (he/she) acted.

No one needs to actually have been injured by 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].

[Voluntary intoxication is not a defense to assault.]

A school 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.

[It is not a defense that an assault took place off campus or outside of

school hours.]

New January 2006; Revised March 2017, February 2025