ASSAULT AND BATTERY UPON
COURT OFFICER, ETC. - ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon a judge/bailiff/(court reporter)/(court clerk)/(deputy court clerk)/officer/ juror/witness of (a State district/appellate)/(the Workers' Compensation) court 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 judge/bailiff/(court reporter)/(court clerk)/(deputy court clerk)/officer/juror/witness of (a State district/appellate)/(the Workers' Compensation) court;
Third, because of the [judge/bailiff/(court reporter)/(court clerk)/(deputy court clerk)/officer/juror/witness]'s service in that capacity.
Statutory Authority: 21 O.S. 2001, § 650.6.
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.
The Committee has concluded that the assault or battery must have been as a result of the court officer's service in order to be in violation of the statute, even if the assault or battery occurred within 6 months of the court officer's service. See 21 O.S. 2001, § 650.6. Accordingly, the Committee has omitted any reference to the time when the assault or battery occurred.
This instruction previously included an element that the defendant must have known the victim was an officer of a court. The Committee has concluded, however, that this element is not required by 21 O.S. 2001, § 650.6, since there is no requirement in the statute that the assault or battery was committed knowingly.