SERIES 900 ASSAULTIVE AND BATTERY CRIMES
F 915 Simple Assault (PC 240) (Case Law Discussing This Instruction)
TABLE OF CONTENTS
F 915.1 Titles And Identification Of Parties
F 915.1 Inst 1 Simple Assault (PC 240)—Title
F 915.1 Inst 2 Identification Of Prosecution And Defendant
F 915.2 Simple Assault: Tailoring To Facts: Persons, Places, Things And Theories
F 915.2 Inst 1 Tailoring Elements To Facts
F 915.3 Simple Assault: Language That Is Argumentative, Confusing, Etc.
F 915.3 Inst 1 Definition Of Harmful Or Offensive Touching: Deletion Of Argumentative Language
F 915.3 Inst 2 Simple Assault: Consideration Of Whether Or Not Actual Injury Occurred
F 915.3 Inst 3 Deletion Of Argumentative Language—No Actual Touching Required
F 915.3 Inst 4 No Touching Required: Balance
F 915.3 Inst 5 Deletion Of Argumentative Language: No Intent Required
F 915.3 Inst 6 No Intent Required: Balance
F 915.3 Inst 7 Willfully: Argumentative
F 915.4 Simple Assault: Burden Of Proof Issues
F 915.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 915.5 Simple Assault: Elements And Definitions
F 915.5 Inst 1 Separate Enumeration Of Combined Elements
F 915.5 Inst 2 Separate Enumeration Of Combined Elements: Knowledge Of Facts And Consequences—Reasonable Person Standard
F 915.5 Inst 3 Concurrence Of Act And Intent
F 915.5 Inst 4 (a-c) Reasonable Person In Same Situation Standard
F 915.5 Inst 5 Willfully: Knowledge Requirement
F 915.5 Inst 6 Willfully: Balance
F 915.5 Inst 7 Defendant’s Knowledge Of Consequences: Consideration Only Of Circumstances Known To Defendant When The Act Was Committed
F 915.5 Inst 8 Rude Or Angry Touching As Element Of The Charge
F 915.5 Inst 9 Harmful Or Offensive Touching Should Be Included In The Element Language
F 915.5 Inst 10 Assault: Recklessness Insufficient
F 915.6 Simple Assault: Defense Theories
F 915.6 Inst 1 (a & b) Assault: Recklessness Insufficient
F 915.7 Simple Assault: Preliminary Fact Issues [Reserved]
F 915.8 Simple Assault: Unanimity/Duplicity/Multiplicity [Reserved]
F 915.9 Simple Assault: Lesser Offense Issues [Reserved]
Return to Series 900 Table of Contents.
F 915.1 Titles And Identification Of Parties
F 915.1 Inst 1 Simple Assault (PC 240)—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 915.1 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 915.2 Simple Assault: Tailoring To Facts: Persons, Places, Things And Theories
F 915.2 Inst 1 Tailoring Elements To Facts
*Modify CC 915, Elements 1, 4 and 5, as follows [added language is underlined; deleted language is stricken]:
[Change “a person” to “____________ <name of alleged victim>“]
*Modify Element 3 as follows:
[Change “someone” to ____________ <name of alleged victim>“]
*Modify Element 5 as follows:
[Change “someone else” to ____________ <person defended>“]
Points and Authorities
See FORECITE F 400.2 Inst 1 and F 400.2 Inst 2; compare CALCRIM 945.
F 915.3 Simple Assault: Language That Is Argumentative, Confusing, Etc.
F 915.3 Inst 1 Definition Of Harmful Or Offensive Touching: Deletion Of Argumentative Language
*Modify CC 915, paragraph 4, last sentence, as follows [deleted language is stricken]:
The touching does not have to cause pain or injury of any kind.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 915.3 Inst 2 Simple Assault: Consideration Of Whether Or Not Actual Injury Occurred
*Modify CC 915, ¶ 8, sentence 2, as follows [added language is underlined; deleted language is stricken]:
No one needs to actually have been injured by defendant’s act. But if whether or not someone was injured, you may is a factor to consider that fact, along with all the other evidence, in deciding, if you can, whether the defendant committed an assault[, and if so, what kind of assault it was].
Points and Authorities
See FORECITE F 860.3 Inst 2.
F 915.3 Inst 3 Deletion Of Argumentative Language—No Actual Touching Required
*Modify CC 915, paragraph 6, as follows [deleted language is stricken]:
[The People are not required to prove that the defendant actually touched someone.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 915.3 Inst 4 No Touching Required: Balance
See FORECITE F 860.3 Inst 4.
F 915.3 Inst 5 Deletion Of Argumentative Language: No Intent Required
*Modify CC 915, paragraph 7, as follows [deleted language is stricken]:
The People are not required to prove that the defendant actually intended to use force against someone when (he/she) acted.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 915.3 Inst 6 No Intent Required: Balance
See FORECITE F 860.3 Inst 6.
F 915.3 Inst 7 Willfully: Argumentative
See FORECITE F 860.3 Inst 7.
F 915.4 Simple Assault: Burden Of Proof Issues
F 915.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 915.5 Simple Assault: Elements And Definitions
F 915.5 Inst 1 Separate Enumeration Of Combined Elements
*Modify CC 915, Element 1, as follows [added language is underlined; deleted language is stricken]:
[1A. The defendant did an act that;
2. The act done by the defendant would by its nature would directly and probably result in the application of force to a person, and
[Renumber remaining Elements]
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 915.5 Inst 2 Separate Enumeration Of Combined Elements: Knowledge Of Facts And Consequences—Reasonable Person Standard
*Replace CC 915, Element 3, with the following:
3. When the defendant did that act (he/she) was aware of certain facts;
4. A reasonable person in the defendant’s situation, and considering all the circumstances as they were known to the defendant and appeared to the defendant, would have realized that (his/her) act by its nature would directly and probably result in the application of force to someone;
[Renumber remaining Elements.]
Points and Authorities
See FORECITE F 860.5 Inst 3.
F 915.5 Inst 3 Concurrence Of Act And Intent
*Modify CC 915 Elements 3 and 4, as follows [added language is underlined; deleted language is stricken]:
[Change “When the defendant acted …” to “When the defendant did [the act referred to in Element 1 above] [that act] …”]
*Modify Element 5, as follows:
5. The defendant did not do the act referred to in Element 1, above, (in self-defense/ [or] in defense of someone else).]
Points and Authorities
See FORECITE F 251 Inst 3.
F 915.5 Inst 4 (a-c) Reasonable Person In Same Situation Standard
Alternative a:
*Modify CC 915 Element 3, as follows [added language is underlined]:
…would lead a reasonable person in the same situation and knowing what the defendant knew to realize that (his/her) act by its nature would directly and probably result in the application of force to someone;
Alternative b:
[See FORECITE F 915.5 Inst 2.]
Alternative c:
*Add to Element 3 [CC 505/851 Format]:
When evaluating whether the defendant reasonably should have known that the act by its nature would directly and probably result in the application of force to someone, consider all the circumstances as they were known by or appeared to the defendant. Also consider what conduct would appear to be necessary to a reasonable person in the same situation as the defendant.
Points and Authorities
See FORECITE F 820.5 Inst 3; see also F 860.5 Inst 7.
F 915.5 Inst 5 Willfully: Knowledge Requirement
See FORECITE F 820.5 Inst 1.
F 915.5 Inst 6 Willfully: Balance
See FORECITE F 820.3 Inst 2.
F 915.5 Inst 7 Defendant’s Knowledge Of Consequences: Consideration Only Of Circumstances Known To Defendant When The Act Was Committed
*Add to CC 915:
In deciding whether the defendant should have known that an application of force to someone would probably and directly result from the defendant’s acts, you may only consider those facts which were actually known to the defendant when the alleged act was committed.
Points and Authorities
See FORECITE F 860.5 Inst 9.
F 915.5 Inst 8 Rude Or Angry Touching As Element Of The Charge
*Modify CC 915, paragraph 4, sentence 2, as follows and add to the enumerated elements [added language is underlined; deleted language is stricken]:
The slightest You may find that a slight touching can be enough if it is to have been done in a harmful or offensive manner of the prosecution has proven beyond a reasonable doubt that the touching was done in a rude or angry way.
Points and Authorities
See FORECITE F 860.5 Inst 10.
F 915.5 Inst 9 Harmful Or Offensive Touching Should Be Included In The Element Language
*Modify CC 915 Element 1 as follows [added language is underlined; deleted language is stricken]:
[Change “application of force to a person” to “touching of [a person] [____________ <name of alleged victim>] in a harmful or offensive manner“]
Points and Authorities
See FORECITE F 860.5 Inst 11.
F 915.5 Inst 10 Assault: Recklessness Insufficient
See FORECITE F 860.6 Inst 1.
F 915.6 Simple Assault: Defense Theories
F 915.6 Inst 1 (a & b) Assault: Recklessness Insufficient
See FORECITE F 860.6 Inst 1.
F 915.7 Simple Assault: Preliminary Fact Issues [Reserved]
F 915.8 Simple Assault: Unanimity/Duplicity/Multiplicity[Reserved]
F 915.9 Simple Assault: Lesser Offense Issues [Reserved]
