OUJI-CR 4-15A

AGGRAVATED ASSAULT AND BATTERY

UPON POLICE OR OTHER STATE PEACE OFFICER THAT RESULTS IN MAIMING - ELEMENTS

No person may be convicted of aggravated assault and battery upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer) that results in maiming unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault and battery;

Second, upon a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);

Third, that the defendant(s) knew/(reasonably should have known) was a (police officer)/sheriff/(deputy sheriff)/(highway patrolman)/(corrections personnel)/(State peace officer);

Fourth, by inflicting great bodily injury;

Fifth, that disfigured/disabled/(seriously diminished physical vigor);

Sixth, without justifiable or excusable cause;

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

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Statutory Authority: 21 O.S. 2011, § 650(B).

Notes on Use

For definitions of “disfigures” and “disables”, see OUJI-CR 4-118, infra.

2012 SUPPLEMENT