OUJI-CR 4-17A

ASSAULT AND BATTERY UPON (SCHOOL EMPLOYEE)/STUDENT- ELEMENTS

No person may be convicted of assault/battery/(assault and battery) upon a (School Employee)/Student 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, without justifiable or excusable cause:

[ Third, upon a teacher/principal/(duly appointed person employed by a school system)/(employee of a firm contracting with a school system);

Fourth, while the teacher/principal/(duly appointed person employed by a school system)/(employee of a firm contracting with a school system) was in the performance of his/her duties as a school employee; ]

OR

[ Third, upon a student;

Fourth, while the student was (participating in any school activity)/(attending classes on school property during school hours) ]

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Statutory Authority: 21 O.S. 2001, § 650.7(B)

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

Since there is no requirement in 21 O.S. 2001 § 650.7(B) that the assault or battery must have been committed knowingly, the instruction does not include an element that the defendant must have known that the victim was a school employee or student.

2006 SUPPLEMENT