First, physical contact with a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(a peace officer employed by a state/federal governmental agency to enforce state laws);

Second, in a willful attempt to gain control;

Third, of the firearm;

Fourth, of any (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(peace officer);

Fifth, known by the defendant(s) to be a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(peace officer);

Sixth, without justifiable or excusable cause;

Seventh, committed while the (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(peace officer) was in the performance of his/her duties as a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(peace officer).

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Statutory Authority: 21 O.S. Supp. 2015, § 650.

Notes on Use

The court should use the definitions of assault and battery in OUJI-CR 4-2 and 4-3 and the definition of great bodily injury in OUJI-CR 4-28 with the first alternative for this instruction, but they should not be used for the second alternative. For a statutory definition of police officer, see 21 O.S. 2011, § 648. For a statutory definition of corrections personnel, see 21 O.S. Supp. 2015, § 649(C).

Committee Comments

The third element of the first alternative and the fifth element of the second alternative in this instruction are included because 21 O.S. Supp. 2015, § 650 requires the aggravated assault and battery upon the peace officer to have been committed "knowingly".