AGGRAVATED BATTERY UPON
SCHOOL EMPLOYEE - ELEMENTS
No person may be convicted of aggravated battery/(assault and battery) upon a school employee unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, (a battery)/(an assault and battery);
Second, by inflicting great bodily injury;
Third, without justifiable or excusable cause;
Fourth, upon a teacher/principal/(duly appointed person employed by a school system)/(employee of a firm contracting with a school system);
Fifth, 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.
Statutory Authority: 21 O.S. 2001, § 650.7(C).
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. For a definition of great bodily injury, see OUJI-CR 4-28.
Since there is no requirement in 21 O.S. 2001, § 650.7(C) that the aggravated 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.