CALCRIM No. 926

Code, §§ 242, 243(b)–(c)(1))

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

<insert title specified in Pen. Code, § 243(c)(1)> [in violation

of Penal Code section 243].

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;

<Alternative 2A—specified person performing duties>

[2. When the defendant acted, <insert name> was a

<insert title specified in Pen. Code, § 243(c)(1)> and

was performing the duties of (a/an) <insert title

specified in Pen. Code, § 243(c)(1)>;]

<Alternative 2B—nurse or doctor>

[2. When the defendant used that force, <insert name>

was a (nurse/medical doctor) who was giving emergency medical

care outside of a hospital, clinic, or other health care facility;]

[AND]

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

have known, that <insert name> was (a/an)

<insert title specified in Pen. Code, § 243(c)(1)> who

was performing (his/her) duties(;/.)

<Give element 4 when the defendant is charged with Pen. Code,

§ 243(c)(1).>

[AND

4. <insert name> suffered injury as a result of the force

used(;/.)]

<Give element 5 when instructing on self-defense or defense of another .>

[AND

(4/5). 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.

Making contact with another person, including through his or her

clothing, is enough to commit a battery.

[The duties of (a/an) <insert title specified in Pen. Code,

§ 243(c)(1)> include <insert appropriate list of job duties

from statutory definition of professions, if available>.]

[It does not matter whether <insert name> was actually on

duty at the time.]

[An injury is any physical injury that requires professional medical

treatment. The question whether an injury requires such treatment

cannot be answered simply by deciding whether or not a person sought

or received treatment. Y ou may consider those facts, but you must decide

this question based on the nature, extent, and seriousness of the injury

itself.]

[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 2025