CALCRIM No. 925

243(d))

The defendant is charged [in Count] with battery causing serious

bodily injury [in violation of Penal Code section 243(d)].

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

prove that:

1. The defendant willfully [and unlawfully] touched

<insert name> in a harmful or offensive manner;

[AND]

2. <insert name> suffered serious bodily injury as a

result of the force used(;/.)

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

reasonable discipline.>

[AND

3. The defendant did not act (in self-defense/ [or] in defense of

someone else/ [or] while reasonably disciplining a child).]

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.

Making contact with another person, including through his or her

clothing, is enough to commit a battery.

[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).]

[<insert description of injury when appropriate; see Bench

Notes> is a serious bodily injury.]

[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).]

New January 2006; Revised February 2013, February 2025