AGGRAVATED ASSAULT AND BATTERY
UPON DEPARTMENT OF
(HUMAN SERVICES) EMPLOYEE - ELEMENTS
No person may be convicted of aggravated assault and battery upon a Department of (Human Services) employee unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, an assault and battery;
Second, by a person in the custody of the Department of Corrections/(Human Services);
Third, upon a Department of (Human Services) employee;
Fourth, known by the defendant(s) to be a Department of (Human Services) employee;
Fifth, by inflicting great bodily injury;
Sixth, without justifiable or excusable cause;
Seventh, committed while the Department of (Human Services) employee was in the performance of his/her duties as a Department of (Human Services) employee.
Statutory Authority: 21 O.S. 2001, § 650.2(C).
Notes on Use
The court should use the definitions of assault and battery in OUJI-CR 4-2 and 4-3 with this instruction. For a definition of great bodily injury, see OUJI-CR 4-28.
The fourth element in this instruction is included because 21 O.S. 2001, § 650.2(C) requires the aggravated assault and battery upon the Department of Human Services employee to have been committed
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