CALCRIM No. 945

(c)(2))

The defendant is charged [in Count] with battery against a peace

officer [in violation of Penal Code section 243].

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

prove that:

1. <Insert offıcer’s name, excluding title> was a peace

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

peace offıcer specified in Pen. Code, § 830 et seq.>;

2. The defendant willfully [and unlawfully] touched

<insert offıcer’s name, excluding title> in a harmful or offensive

manner;

[AND]

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

have known, that <insert offıcer’s name, excluding

title> was a peace officer who was performing (his/her) duties(;/.)

<Give element 4 when instructing on felony battery against a peace

offıcer .>

[AND

4. <insert offıcer’s name, excluding title> suffered injury

as a result of the touching(;/.)]

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

[AND

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.

<Do not give this paragraph when instructing on felony battery against a

peace offıcer .>

[The slightest touching can be enough to commit a battery 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.]

<Give this definition when instructing on felony battery against a peace

offıcer .>

[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).]

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

[The duties of a <insert title of offıcer> include

<insert job duties>.]

[It does not matter whether <insert offıcer’s name, excluding

title> was actually on duty at the time.]

[A <insert title of peace offıcer specified in Pen. Code, § 830

et seq.> is also performing the duties of a peace officer if (he/she) is in a

police uniform and performing the duties required of (him/her) as a

peace officer and, at the same time, is working in a private capacity as a

part-time or casual private security guard or (patrolman/patrolwoman).]

New January 2006; Revised August 2006, December 2008, October 2010, February