OUJI-CR 4-21

AGGRAVATED ASSAULT AND BATTERY

UPON EMERGENCY MEDICAL CARE PROVIDER - ELEMENTS

No person may be convicted of aggravated assault and battery upon an emergency medical technician/(care provider) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an (assault and battery)/(assault with a firearm/(deadly weapon));

Second, upon an emergency medical technician/(care provider);

Third, by inflicting great bodily injury;

[Fourth, with intent to do bodily harm;

Fifth, without justifiable or excusable cause;

Sixth, committed while the technician/(care provider) was in the performance of his/her duties as an emergency medical technician/(care provider).

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Statutory Authority: 21 O.S. 2001, § 650.5.

Notes on Use

The court should use the definitions of assault and battery in OUJI-CR 4-2 and 4-3 with this instruction. The third paragraph should be omitted if the crime charged is an assault with a firearm or other deadly weapon.

Committee Comments

This instruction previously included an element that the defendant must have known the victim was an emergency medical technician. 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 aggravated assault and battery was committed knowlingly.

(2006 Supplemental)