Return to CALJIC Part 9-12 – Contents
Insulting Words–Not Justification For Assault
*Modify CJ 9.11 as follows [added language is capitalized]:
No [oral or written] words of abuse, insult or reproach addressed to or said about a person, however insulting or objectionable the words may be, if unaccompanied by any threat or apparent threat of great bodily injury, or <<any assault>> ANY BATTERY upon the person [, or any trespass against lands or goods,] will justify an assault [with a deadly weapon] [or] [by any means of force likely to produce great bodily injury]. The provocation of words alone does not constitute a defense to a charge of having committed such an assault.
[Add definition of battery: see CJ 16.141.]
Points and Authorities
(See FORECITE F 5.30d.)