SERIES 800 ASSAULTIVE AND BATTERY CRIMES
F 840 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition (PC 273.5(a))
TABLE OF CONTENTS
F 840.1 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Titles And Identification Of Parties
F 840.1 Inst 1 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition—Title
F 840.1 Inst 2 Identification Of Prosecution And Defendant
F 840.2 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 840.3 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Language That Is Argumentative, Confusing, Etc.
F 840.3 Inst 1 Substantial Factor: Argumentative
F 840.4 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Burden Of Proof Issues
F 840.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 840.4 Inst 2 Spouse Or Cohabitant Beating: Infliction Of Pain Alone Insufficient To Convict
F 840.4 Inst 3 Emotional Harm Insufficient To Constitute Traumatic Condition
F 840.4 Inst 4 Definition Of Physical Injury
F 840.5 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Elements And Definitions
F 840.5 Inst 1 Separate Enumeration Of Combined Elements; Separate Enumeration Of “Willfully”
F 840.5 Inst 2 Willfully: Knowledge Requirement
F 840.5 Inst 3 Natural And Probable Consequences
F 840.6 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Defense Theories [Reserved]
F 840.7 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Preliminary Fact Issues [Reserved]
F 840.8 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Unanimity/Duplicity/Multiplicity [Reserved]
F 840.9 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Lesser Offense Issues [Reserved]
Return to Series 800 Table of Contents.
F 840.1 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Titles And Identification Of Parties
F 840.1 Inst 1 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 840.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 840.2Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 840.3 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Language That Is Argumentative, Confusing, Etc.
F 840.3 Inst 1 Substantial Factor: Argumentative
*Modify CC 840, last paragraph, which provides [deleted language is stricken]:
A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that resulted in the traumatic condition.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 840.4 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Burden Of Proof Issues
F 840.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 840.4 Inst 2 Spouse Or Cohabitant Beating: Infliction Of Pain Alone Insufficient To Convict
*Add to CC 840:
The pain, if any, felt by the victim during the incident does not constitute a traumatic condition.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Instruction On Matters Which Are Not Alone Sufficient To Convict—See FORECITE F 370 Inst 8.
Pain Alone Is Not A Traumatic Condition—PC 273.5(a) prohibits inflicting “corporal injury resulting in a traumatic condition” upon on a cohabitant. PC 273.5(c) defines “traumatic condition” as “a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.” Accordingly, any pain inflicted during the incident is insufficient to support a conviction under PC 273.5 because such pain alone does not constitute a traumatic condition. (People v. Beasley (2003) 105 CA4th 1078; see also People v. Abrego (1993) 21 CA4th 133, 138.)
CALJIC NOTE: See FORECITE F 9.35c.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 840.4 Inst 3 Emotional Harm Insufficient To Constitute Traumatic Condition
*Add to CC 840:
Emotional harm, if any, is not a traumatic condition.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Instruction On Matters Which Are Not Alone Sufficient To Convict—See FORECITE F 370 Inst 8.
The Statute Requires Corporal Injury—PC 273.5(a) states that “any person who willfully inflicts upon his or her spouse, … corporal injury resulting in a traumatic condition, is guilty of a felony …” PC 273.5(c) defines a traumatic condition as “a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.” In People v. Abrego (1993) 21 CA4th 133, 138, the court held that even though the victim had been struck in the head and face and experienced soreness and tenderness in those areas, such evidence did not constitute an injury resulting in a traumatic condition. Additionally, the court held that the victim’s emotional suffering after the incident was not sufficient to elevate the crime from simple battery to a violation of PC 273.5 because the statute requires a “corporal injury” rather than solely emotional harm.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 840.4 Inst 4 Definition Of Physical Injury
*Add to CC 840:
“Physical injury” means bodily injury.
[Source: CALJIC 9.35, 7th ed.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Physical Injury Should Be Defined—See CALJIC 9.35.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 840.5 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Elements And Definitions
F 840.5 Inst 1 Separate Enumeration Of Combined Elements; Separate Enumeration Of “Willfully”
*Modify CC 840, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant willfully [and unlawfully] inflicted a physical injury on [his/her] ([former] spouse/[former] cohabitant/the (mother/father) of (his/her) child) _______________ <name of alleged victim>; AND
2. The defendant did so willfully; AND
[3. The defendant did so unlawfully;] AND
4. _______________ <name of alleged victim> was the defendant’s ([former] spouse/[former] cohabitant/the (mother/father) of (his/her) child);
[Renumber remaining elements.]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Separate Enumeration Generally—See FORECITE F 3500.2 Inst 1.
Separate Enumeration: Willfully—See FORECITE F 3500.2 Inst 1; compare CC 820, 860.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 840.5 Inst 2Willfully: Knowledge Requirement
See FORECITE F 820.5 Inst 1.
F 840.5 Inst 3 Natural And Probable Consequences
See FORECITE F 402.5 Inst 1.
F 840.6 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Defense Theories[Reserved]
F 840.7 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Preliminary Fact Issues [Reserved]
F 840.8 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Unanimity/Duplicity/Multiplicity [Reserved]
F 840.9 Inflicting Injury On Spouse, Cohabitant, Or Fellow Parent Resulting In Traumatic Condition: Lesser Offense Issues [Reserved]
