ASSAULT AND BATTERY UPON (SCHOOL EMPLOYEE)/STUDENT- ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon a (School Employee)/Student 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, without justifiable or excusable cause:
[ Third, upon a teacher/principal/(duly appointed person employed by a school system)/(employee of a firm contracting with a school system);
Fourth, 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; ]
[ Third, upon a student;
Fourth, while the student was (participating in any school activity)/(attending classes on school property during school hours) ]
Statutory Authority: 21 O.S. 2001, § 650.7(B)
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.
Since there is no requirement in 21 O.S. 2001 § 650.7(B) that the assault or 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 or student.
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