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