ASSAULT AND BATTERY
UPON DEPARTMENT OF CORRECTIONS EMPLOYEE - ELEMENTS
No person may be convicted of assault/battery/(assault and battery) upon a Department of Corrections employee 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, by a person in the custody of the Department of Corrections;
Third, upon a Department of Corrections employee;
Fourth, known by the defendant(s) to be a Department of Corrections employee;
Fifth, without justifiable or excusable cause;
Sixth, committed while the Department of Corrections employee was in the performance of his/her duties as a Department of Corrections employee.
Statutory Authority: 21 O.S. 2001, § 650.2(A).
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 fourth element in this instruction is included because 21 O.S. 2001, § 650.2(A) requires the assault or battery upon the Department of Corrections employee to have been committed
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