SERIES 800 ASSAULTIVE AND BATTERY CRIMES
F 841 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent (PC 243(e)(1))
TABLE OF CONTENTS
F 841. 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Titles And Identification Of Parties
F 841.1 Inst 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent—Title
F 841.1 Inst 2 Identification Of Prosecution And Defendant
F 841.2 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 841.3 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Language That Is Argumentative, Confusing, Etc.
F 841.3 Inst 1 Willfully: Argumentative
F 841.3 Inst 2 Willfully: Balance
F 841.3 Inst 3 Definition Of Touching: Argumentative
F 841.3 Inst 4 Definition Of Touching: Balance
F 841.3 Inst 5 “Slightest Touching” As Argumentative
F 841.4 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Burden Of Proof Issues
F 841.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 841.5 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Elements And Definitions
F 841.5 Inst 1 Willfully: Knowledge Requirement
F 841.5 Inst 2 Willfully: Separate Enumeration
F 841.5 Inst 3 Simple Battery Against Spouse, Etc. (PC 243(e)(1): Former Cohabitant Is Not Separate Category Of Offender
F 841.6 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Defense Theories [Reserved]
F 841.7 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Preliminary Fact Issues [Reserved]
F 841.8 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Unanimity/Duplicity/Multiplicity
F 841.9 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Lesser Offense Issues [Reserved]
F 841 NOTES
F 841 Note 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: CALCRIM Cross-References And Research Notes
F 841 Note 2 Assault On Mother Of Defendant’s Child Not Applicable To Unborn Child (PC 273.5)
F 841 Note 3 Spouse Or Cohabitant Beating: Family Code Presumptions
Return to Series 800 Table of Contents.
F 841. 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Titles And Identification Of Parties
F 841.1 Inst 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 841.1 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 841.2 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 841.3 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Language That Is Argumentative, Confusing, Etc.
F 841.3 Inst 1Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 841.3 Inst 2 Willfully: Balance
See FORECITE F 820.3 Inst 2.
F 841.3 Inst 3 Definition Of Touching: Argumentative
*Delete CC 841, paragraph 5, which provides:
[The touching can be done indirectly by causing an object [or someone else] to touch the other person.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 841.3 Inst 4 Definition Of Touching: Balance
*Add to CC 841, paragraph 4:
However, whether or not the touching caused pain is a factor to evaluate in considering whether the prosecution has proven the defendant guilty beyond a reasonable doubt.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 841.3 Inst 5 “Slightest Touching” As Argumentative
*Delete CC 841, paragraph 4, which provides:
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.
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 841.4 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Burden Of Proof Issues
F 841.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 841.5 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Elements And Definitions
F 841.5 Inst 1Willfully: Knowledge Requirement
See FORECITE F 820.5 Inst 1.
F 841.5 Inst 2 Willfully: Separate Enumeration
See FORECITE F 820.5 Inst 1.
F 841.5 Inst 3 Simple Battery Against Spouse, Etc. (PC 243(e)(1): Former Cohabitant Is Not Separate Category Of Offender
*Modify CC 841, Element 2, as follows [deleted language is stricken]:
2. ________ <insert name of complaining witness> is (the/a) (defendant’s [former] spouse/defendant’s [former] cohabitant/defendant’s fiancé[e]/person . . .
Points and Authorities
Because PC 243(e)(1) “does not apply to former cohabitants without the former cohabitant falling within one of the statutorily listed categories, such as “former dating relationship,” [CC 841] is incorrect.” (People v. Belton (2008) 168 CA4th 432, 439.)
F 841.6 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Defense Theories[Reserved]
F 841.7 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Preliminary Fact Issues[Reserved]
F 841.8 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Unanimity/Duplicity/Multiplicity [Reserved]
F 841.9 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: Lesser Offense Issues[Reserved]
F 841 NOTES
F 841 Note 1 Simple Battery: Against Spouse, Cohabitant, Or Fellow Parent: CALCRIM Cross-References And Research Notes
CALCRIM Cross References:
CALCRIM 840 [840 Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition (PC 273.5(a))]
Research Notes:
See CLARAWEB Forum, Assaultive And Battery Crimes—Series 800-900.
F 841 Note 2 Assault On Mother Of Defendant’s Child Not Applicable To Unborn Child (PC 273.5)
See FORECITE F 840 Note 5.
F 841 Note 3 Spouse Or Cohabitant Beating: Family Code Presumptions
See FORECITE F 840 Note 2.