CALCRIM No. 908

The defendant is charged [in Count] with (assaulting/ [or]

beating) a person under color of authority and without lawful necessity

[in violation of Penal Code section 149].

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

prove that:

1. The defendant was a public officer;

2. The defendant willfully [and unlawfully] (did an act that by its

nature would directly and probably result in the application of

force to <insert name of alleged victim>/touched

<insert name of alleged victim> in a harmful or

offensive manner);

<instruct with elements 3 and 4 for assault>

[3. When the defendant did the act, (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 did the act, (he/she) had the present ability

to apply force to a person;]

(3/5). When the defendant (did the act/touched <insert

name of alleged victim> in a harmful or offensive manner), the

defendant was performing or purporting to perform (his/her)

duties as a public officer;

[AND]

(4/6). When the defendant (did the act/touched <insert

name of alleged victim>), (he/she) acted without lawful necessity(;/.)

[AND]

[(5/7). When the defendant (did the act/touched <insert

name of alleged victim>), (he/she) did not act in (self-defense/ [or]

defense of someone else).]

[An officer of <insert name of state or local government

agency that employs public offıcer> is a public officer.]

[A person employed as a police officer by <insert name of

agency that employs police offıcer> is a peace officer. A peace officer is a

public officer.]

[The duties of (a/an) <insert title of peace or public offıcer>

include <insert job duties>.]

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.

[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.]

[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).]

Without lawful necessity means more force than was reasonably necessary

under the circumstances.

Under color of authority means clothed in the authority of law or when

acting under pretense of law.

[Special rules control the use of force by a peace officer.]

[A peace officer may use reasonable nondeadly force to arrest or detain

someone, to prevent escape, to overcome resistance, or in self-defense.]

[A peace officer may use deadly force if (he/she):

1. Reasonably believed, based on the totality of the circumstances,

that the force was necessary to defend against an imminent threat

of death or serious bodily injury to the officer or another person;

OR

2. Reasonably believed, based on the totality of the circumstances,

that:

a. <insert name of fleeing felon> was fleeing;

b. The force was necessary to arrest or detain

<insert name of fleeing felon> for the crime of

<insert name of felony>;

c. The commission of the crime of <insert name of

felony> created a risk of or resulted in death or serious bodily

injury to another person;

AND

d. <insert name of fleeing felon> would cause death

CALCRIM No. 908 ASSAULTIVE AND BATTERY CRIMES

or serious bodily injury to another person unless immediately

arrested or detained.]

[Deadly force means any use of force that creates a substantial risk of

causing death or serious bodily injury. Deadly force includes, but is not

limited to, the discharge of a firearm.]

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to]: (loss of

consciousness/concussion/bone fracture protracted loss or impairment of

function of any bodily member or organ/a wound requiring extensive

suturing/ [and] serious disfigurement).]

[A threat of death or serious bodily injury is imminent when, based on

the totality of the circumstances, a reasonable officer in the same

situation would believe that a person has the present ability, opportunity,

and apparent intent to immediately cause death or serious bodily injury

to the peace officer or to another person. An imminent harm is not

merely a fear of future harm, no matter how great the fear and no

matter how great the likelihood of the harm, but is one that, from

appearances, must be instantly confronted and addressed.]

Totality of the circumstances means all facts known to the defendant at

the time, including the conduct of the defendant and

<insert name of alleged victim> leading up to the use of deadly force.

[A peace officer who makes or attempts to make an arrest need not

retreat or stop because the person being arrested is resisting or

threatening to resist. A peace officer does not lose (his/her) right to self -

defense by using objectively reasonable force to arrest or to prevent

escape or to overcome resistance.]

New September 2022; Revised March 2023, February 2025