ASSAULT AND BATTERY UPON
EMERGENCY MEDICAL CARE PROVIDER - ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon an emergency medical care provider 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 emergency medical care provider;
Third, without justifiable or excusable cause;
Fourth, with intent to do bodily harm;
Fifth, while the emergency medical care provider was performing medical care duties.
Statutory Authority: 21 O.S. 2001, § 650.4.
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.
This instruction previously included an element that the defendant must have known the victim was an emergency medical care provider. The Committee has concluded, hwoever, that this element is not required by 21 O.S. 2001, § 650.4, since there is no requirement in the statute that the assault or battery was committed knowingly.