OUJI-CR 4-17
ASSAULT AND BATTERY UPON REFEREE, ETC. - ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon a referee/umpire/timekeeper/coach/(athletic official)/(person with authority in connection with any amateur or professional athletic contest) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, (an assault)/(a battery)/(an assault and battery);
Second, upon a referee/umpire/timekeeper/coach/(athle tic official)/(person with authority in connection with any amateur or professional athletic contest);
Third, without justifiable or excusable cause;
Fourth, with intent to do bodily harm;
Fifth, while the referee/umpire/timekeeper/coach/(athle tic official)/(person with authority in connection with any amateur or professional athletic contest) was in the performance of his/her duties as a referee/umpire/ timekeeper/coach/(athletic official)/(person with authority in connection with any amateur or professional athletic contest).
______________________________
Statutory Authority: 21 O.S. 2001, § 650.1.
Notes on Use
The court should use the definitions of assault and/or battery in OUJI-CR 4-2 and 4-3 with this instruction.
Committee Comments
This instruction previously included an element that the defendant must have known the victim was a referee, etc. The Committee has concluded, however, that this element is not required by 21 O.S. 2001, § 650.1, since there is no requirement in the statute that the assault or battery was committed knowingly.
2006 SUPPLEMENT