CALCRIM No. 951

(Pen. Code, §§ 242, 243.2)

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

person on (school property/park property/hospital grounds) [in violation

of Penal Code section 243.2].

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

prove that:

1. The defendant willfully [and unlawfully] touched

<insert name> in a harmful or offensive manner;

[AND]

2. When the defendant acted, (he/she) was on (school property/park

property/the grounds of a hospital)(;/.)

<Give element 3 when instructing on self-defense, defense of another , of

reasonable discipline.>

[AND

3. The defendant did not act (in self-defense[,]/ [or] in defense of

someone else[,]/ [or] while reasonably disciplining a child).]

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 school is any (elementary school/junior high school/four-year high

school/senior high school/adult school [or any branch

thereof]/opportunity school/continuation high school/regional

occupational center/evening high school/technical school/community

college).]

[A park is any publicly maintained or operated park. It does not include

any facility that is being used for professional sports or commercial

events.]

[A hospital is any facility for the diagnosis, care, and treatment of human

illness that is (licensed/specifically exempt from licensing) under state

law.]

New January 2006; Revised February 2025