OUJI-CR 4-18B
ASSAULT AND BATTERY UPON AN EMPLOYEE OF
A (FACILITY FOR DELINQUENT CHILDREN)/(JUVENILE DETENTION CENTER/(JUVENILE BUREAU) – ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon An employee of a (facility for delinquent children)/(juvenile detention center)/(juvenile bureau) 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 an employee of a (facility maintained by [the Office of Juvenile Affairs]/[private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children])/(juvenile detention center)/(juvenile bureau);
Third, known by the defendant(s) to be an employee of a (facility maintained by [the Office of Juvenile Affairs]/[private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children])/(juvenile detention center)/(juvenile bureau);
Fourth, without justifiable or excusable cause;
Fifth, committed while the employee was in the performance of his/her duties as an employee of a (facility maintained by [the Office of Juvenile Affairs]/[private contractor pursuant to a contract with the Office of Juvenile Affairs primarily for delinquent children])/(juvenile detention center)/(juvenile bureau);.
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Statutory Authority: 21 O.S. 2001, §§ 650.2(B), 650.2(D), 650.8.
Notes on Use
The court should use the definitions of assault and battery in OUJI-CR 4-2 and 4-3 with this instruction.
Committee Comments
The fourth element in this instruction is included because 21 O.S. 2001, §§ 650.2(B), 650.2(D), 650.8 all require the assault or battery upon the employee to have been committed knowingly.
2006 SUPPLEMENT