CALCRIM No. 949

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

school employee [in violation of Penal Code section 243.6].

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

prove that:

1. <Insert name> was a school employee;

2. The defendant willfully [and unlawfully] touched

<insert name> in a harmful or offensive manner;

<Alternative 3A—performing duties>

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

performing (his/her) duties as a school employee;]

<Alternative 3B—retaliation>

[3. When the defendant acted, (he/she) was retaliating against

<insert name> because of something

<insert name> had done while performing (his/her) duties as a

school employee;]

[AND]

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

have known, that <insert name> was a school

employee(;/.)

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

on injury.>

[AND]

[5. <insert name> suffered 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).]

[It is not a defense that the touching occurred off campus or outside

regular school hours.]

A school employee is any person employed as a permanent or

probationary certificated or classified employee of a school district on a

part-time or full-time basis, including a substitute teacher, student

teacher, or school board member.

[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