CALCRIM No. 960

The defendant is charged with battery [in violation of Penal Code section

242].

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(;/.)

<Give element 2 when instructing on self-defense, defense of another , or

reasonable discipline.>

[AND

2. 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).]

New January 2006; Revised August 2013, February 2014, March 2017, September