Justia Criminal Law Center California Criminal Jury Instructions (CALCRIM) (2025) Assaultive and Battery Crimes CALCRIM No. 945. Battery Against Peace Officer (Pen. Code, §§ 242, 243(b), (c)(2))

CALCRIM No. 945. Battery Against Peace Officer (Pen. Code, §§ 242, 243(b), (c)(2))

Judicial Council of California Criminal Jury Instructions (2025 edition)

Download PDF

(iii) On Specified Person or in Specified Location

945.Battery Against Peace Officer (Pen. Code, §§ 242, 243(b),

(c)(2))

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

officer [in violation of Penal Code section 243].

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

prove that:

1. <Insert offıcer’s name, excluding title> was a peace

officer performing the duties of (a/an) <insert title of

peace offıcer specified in Pen. Code, § 830 et seq.>;

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 peace officer who was performing (his/her) duties(;/.)

<Give element 4 when instructing on felony battery against a peace

offıcer.>

[AND

4. <insert offıcer’s name, excluding title> suffered injury

as a result of the touching(;/.)]

[AND

5. 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.

<Do not give this paragraph when instructing on felony battery against a

peace offıcer.>

[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.]

678

<Give this definition when instructing on felony battery against a peace

offıcer.>

[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. You may consider those facts, but you must decide

this question based on the nature, extent, and seriousness of the injury

itself.]

[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 person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer, e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer, e.g., “designated by the director of the agency as a peace

offıcer”>.]

[The duties of a <insert title of offıcer> include

<insert job duties>.]

[It does not matter whether <insert offıcer’s name, excluding

title> was actually on duty at the time.]

[A <insert title of peace offıcer specified in Pen. Code, § 830

et seq.> is also performing the duties of a peace officer if (he/she) is in a

police uniform and performing the duties required of (him/her) as a

peace officer and, at the same time, is working in a private capacity as a

part-time or casual private security guard or (patrolman/patrolwoman).]

New January 2006; Revised August 2006, December 2008, October 2010, February

2025

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give an instruction defining the elements of the

crime.

If there is sufficient evidence of self-defense or defense of another, the court has a

sua sponte duty to instruct on the defense. Give bracketed element 5, the bracketed

words “and unlawfully” in element 2, and any appropriate defense instructions. (See

CALCRIM Nos. 3470-3477.)

In addition, the court has a sua sponte duty to instruct on defendant’s reliance on

ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 945

679

self-defense as it relates to the use of excessive force. (People v. White (1980) 101

Cal.App.3d 161, 167-168 [161 Cal.Rptr. 541].) If excessive force is an issue, the

court has a sua sponte duty to instruct the jury that the defendant is not guilty of

the offense charged, or any lesser included offense in which lawful performance is

an element, if the defendant used reasonable force in response to excessive force.

(People v. Olguin (1981) 119 Cal.App.3d 39, 46-47 [173 Cal.Rptr. 663].) On

request, the court must instruct that the prosecution has the burden of proving the

lawfulness of the arrest beyond a reasonable doubt. (People v. Castain (1981) 122

Cal.App.3d 138, 145 [175 Cal.Rptr. 651].) If lawful performance is an issue, give

the appropriate portions of CALCRIM No. 2670, Lawful Performance: Peace

Offıcer. In addition, give CALCRIM No. 2672, Lawful Performance: Resisting

Unlawful Arrest With Force, if requested.

Give the bracketed paragraph on indirect touching if relevant.

The jury must determine whether the alleged victim is a peace officer. (People v.

Brown (1988) 46 Cal.3d 432, 444-445 [250 Cal.Rptr. 604, 758 P.2d 1135].) The

court may instruct the jury on the appropriate definition of “peace officer” from the

statute (e.g., “a Garden Grove Regular Police Officer and a Garden Grove Reserve

Police Officer are peace officers”). (Ibid.) However, the court may not instruct the

jury that the alleged victim was a peace officer as a matter of law (e.g., “Officer

Reed was a peace officer”). (Ibid.) If the alleged victim is a police officer, give the

bracketed sentence that begins with “A person employed as a police officer.” If the

alleged victim is another type of peace officer, give the bracketed sentence that

begins with “A person employed by.”

The court may give the bracketed sentence that begins, “The duties of a

<insert title . . .> include,” on request. The court may insert a

description of the officer’s duties such as “the correct service of a facially valid

search warrant.” (People v. Gonzalez (1990) 51 Cal.3d 1179, 1222 [275 Cal.Rptr.

729, 800 P.2d 1159].)

Give the bracketed language about a peace officer working in a private capacity if

relevant. (Pen. Code, § 70.)

AUTHORITY

• Elements. Pen. Code, §§ 242, 243(b), (c)(2); see People v. Martinez (1970) 3

Cal.App.3d 886, 889 [83 Cal.Rptr. 914] [harmful or offensive touching].

• “Peace Officer” Defined. Pen. Code, § 830 et seq.

• “Willful” Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,

107 [51 Cal.Rptr.2d 402].

• “Physical Injury” Defined. Pen. Code, § 243(f)(5); People v. Longoria (1995) 34

Cal.App.4th 12, 17-18 [40 Cal.Rptr.2d 213].

• Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71 Cal.Rptr.2d

518] [citing People v. Rocha (1971) 3 Cal.3d 893, 899-900, fn. 12 [92 Cal.Rptr.

172, 479 P.2d 372]].

• Contact With Object Held in Another Person’s Hand May Constitute Touching.

CALCRIM No. 945 ASSAULTIVE AND BATTERY CRIMES

680

In re B.L. (2015) 239 Cal.App.4th 1491, 1495-1497 [192 Cal.Rptr.3d 154].

• Hitting a Vehicle Occupied by Another Person May Constitute Touching. People

v. Dealba (2015) 242 Cal.App.4th 1142, 1144, 1153 [195 Cal.Rptr.3d 848].

LESSER INCLUDED OFFENSES

• Assault. Pen. Code, § 240.

• Assault on Specified Victim. Pen. Code, § 241(b).

• Battery. Pen. Code, § 242.

• Misdemeanor Battery on Specified Victim. Pen. Code, § 243(b).

• Resisting Officer. Pen. Code, § 148.

RELATED ISSUES

See the Related Issues sections to CALCRIM No. 960, Simple Battery and 2670,

Lawful Performance: Peace Offıcer.

SECONDARY SOURCES

1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the

Person, § 5.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes

Against the Person, § 142.12 (Matthew Bender).

ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 945

681

Page last reviewed April 2025