CALCRIM No. 946

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

custodial officer [in violation of Penal Code section 243.1].

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

prove that:

1. <insert offıcer’s name, excluding title> was a custodial

officer performing the duties of a custodial officer;

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 custodial officer who was performing (his/her)

duties(;/.)

<Give element 4 when instructing on self-defense or defense of another .>

[AND

4. 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 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.

[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 custodial officer is someone who works for a law enforcement agency

of a city or county, is responsible for maintaining custody of prisoners,

and helps operate a local detention facility. [A (county jail/city

jail/ <insert description>) is a local detention facility.] [A

custodial officer is not a peace officer.]

New January 2006; Revised April 2011, August 2016, February 2025