CALCRIM No. 948

Code, §§ 242, 243.3)

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

(operator/driver/ passenger/station agent/ticket agent) of (a/an)

<insert name of vehicle or transportation entity specified in

Pen. Code, § 243.3> [in violation of Penal Code section 243.3].

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

prove that:

1. <Insert name> was (a/an) (operator/driver/station

agent/ticket agent/passenger) of (a/an) <insert name

of vehicle or transportation entity specified in Pen. Code, § 243.3>;

2. The defendant willfully [and unlawfully] touched

<insert name> in a harmful or offensive manner;

<Give element 3 when alleged victim is an operator , driver , station agent,

or ticket agent.>

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

performing (his/her) duties as (a/an) (operator/driver/station

agent/ticket agent) of (a/an) <insert name of vehicle

or transportation entity specified in Pen. Code, § 243.3>;]

[AND]

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

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

(operator/driver/station agent/ticket agent/passenger) of (a/an)

<insert name of vehicle or transportation entity

specified in Pen. Code, § 243.3> [and that <insert

name> was performing (his/her) duties](;/)

<Give element 5 when the defendant is charged with felony battery based

on injury.>

[AND]

[5. <insert name> suffered an injury as a result of the

force used(;/.)]

<Give element 6 when instructing on self-defense or defense of another .>

[AND

6. 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 slightest touching can be

enough if it is done in a rude or angry way.] [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).]

[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.]

New January 2006; Revised February 2025