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Return to CALJIC Part 9-12 – Contents
F 9.11a

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.)

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