CHAPTER FOUR

CRIMES AGAINST THE PERSON

A. ASSAULT AND BATTERY

4-1 Introduction
4-2 Assault Defined
4-3 Battery Defined
4-4 Shooting with Intent to Kill - Elements
4-5 Use of Vehicle (Drive by Shooting) - Elements
4-6 Assault and Battery with a Deadly Weapon - Elements
4-6A Domestic Assault and Battery with a Deadly Weapon - Elements
4-7 By Means or Force Likely to Produce Death - Elements
4-8 Any Other Attempt to Kill - Elements
4-9 Resisting the Execution of Legal Process - Elements
4-10 Assault with Intent to Kill - Elements
4-11 Definition of Transferred Intent
4-12 Assault and Battery with a Dangerous Weapon - Elements
4-12A Domestic Assault/(Assault and Battery) with a Dangerous Weapon - Elements
4-13 Assault and Battery with a Dangerous Weapon (Firearm) - Elements
4-14 Assault with Intent to Commit a Felony - Elements
4-15 Aggravated Assault and Battery Upon Police Officer - Elements
4-15A Aggravated Assault and Battery Upon Police or Other State Peace Officer that Results in Maiming - Elements
4-16 Assault or Battery Upon Police Officer - Elements
4-17 Assault and Battery Upon Referees - Elements
4-17A Assault and Battery Upon (School Employee)/Student - Elements
4-17B Aggravated Battery Upon (School Employee) - Elements
4-18 Aggravated Assault and Battery Upon Department of Corrections Employee - Elements
4-18A Assault and Battery Upon Department of Corrections Employee - Elements
4-18B Assault and Battery Upon An Employee Of A (Facility for Delinquent Children)/(Juvenile Detention Center)/(Juvenile Bureau) - Elements
4-18C Throwing/Transferring/Placing Body Waste/Fluids upon Government Employee/Contractor - Elements
4-19 Assault and Battery Upon Court Officer - Elements
4-20 Assault and Battery Upon Emergency Medical Care Provider - Elements
4-21 Aggravated Assault and Battery Upon Emergency Medical Care Provider - Elements
4-22 Interfering with an Emergency Medical Care Provider - Elements
4-23 Aggravated, Great Bodily Injury Inflicted - Elements
4-24 Aggravated, Aged or Decrepit Victim - Elements
4-25 Assault - Elements
4-26 Assault and Battery - Elements
4-26A Assault and Battery - Domestic Abuse - Elements
4-26B Assault and Battery Domestic Abuse - With Great Bodily Injury - Elements
4-26C Assault and Battery In Presence of Child - Elements
4-26D Assault and Battery - Strangulation - Elements
4-26E Assault and Battery Domestic Abuse Against Pregnant Woman - Elements
4-27 Defense of Consent
4-28 Assault and Battery - Definitions
4-29 Stalking - Elements
4-30 Stalking in Violation of Court Order - Elements
4-31 Stalking - Definitions
4-32 Malicious Intimidation or Harassment - Elements
4-32A Obscene, Threatening, or Harassing Electronic Communications - Elements
4-33 Inciting Imminent Violence - Elements

B. CRIMES AGAINST CHILDREN

4-34 Crimes Against Children - Introduction
4-35 Child Abuse - Elements
4-35A Child Abuse (Injure, Torture, Maim) - Elements
4-35B Child Abuse - Use of Ordinary Force by Parent for Discipline
4-35C Child Abuse/Neglect - Affirmative Defense - Use of Prayer for Treatment of Child
4-36 Enabling Child Abuse - Elements
4-37 Neglect of Child - Elements
4-38 Enabling Child Neglect - Elements
4-38A Enabling Child Neglect - Elements(Permitting)
4-39 Sexual Abuse/Exploitation of Children - Elements
4-40 Enabling the Sexual Abuse/Exploitation of Children - Elements
4-40A Omission to Provide for Child - Elements
4-40B Child Endangerment - Elements
4-40C Child Endangerment - Statutory Affirmative Defense
4-40D Crimes Against Children - Definitions
4-41 Failure to Pay Child Support - Elements
4-42 Leaving State to Avoid Child Support - Elements
4-43 Neglect of Drug (Alcohol) Dependent Child - Elements
4-44 Violation of Child Custody Order - Elements
4-45 Violation of Child Custody Order - Defenses - Burden of Proof
4-46 Contributing to Delinquency of a Minor - Elements
4-47 Contributing to Commission of Felony by a Minor - Elements
4-48 Encouraging Street Gang Activity - Elements
4-49 Encouraging Minor to Commit Drug-Related Crime - Elements
4-50 Encouraging Minor to be in Need of Supervision - Elements
4-51 Contributing to Delinquency of Minors - Definitions
4-52 Procuring Minor for Prostitution - Elements
4-53 Permitting the Procuring of a Minor for Prostitution - Elements
4-54 Keeping Minor for Prostitution - Elements
4-55 Permitting the Keeping of a Minor for Prostitution - Elements
4-56 Procuring and Keeping Minor for Prostitution - Definitions
4-57 Crimes Against Unborn Children - Definition and Limitations
4-57A Limitations on (Injuries to)/(Death of) Unborn Child
4-57B No Prosecution of Mother for Causing Death of Unborn Child
4-96A Manslaughter Killing an Unborn Child - Elements

[See OUJI-CR 4-147 and OUJI-CR 4-148 for instructions formerly numbered OUJI-CR 4-57 and OUJI-CR 4-58.]

C. HOMICIDE

4-59 Introduction
4-60 Causation

1. MURDER IN THE FIRST DEGREE

4-61 With Malice Aforethought - Elements
4-62 Definition and Explanation of Malice Aforethought
4-63 Proof of Malice Aforethought
4-64 By Felony Murder - Elements
4-65 By Felony Murder - In the Commission of Defined
4-65A Murder In the First Degree Involving Death of Child - Elements
4-66 Death Penalty Proceedings - Return of Verdict (First Stage)
4-67 Death Penalty - Verdict Form (First Stage)
4-68 Death Penalty Proceedings - Introduction
4-68A Death Penalty - Mental Retardation
4-69 Death Penalty - Bill of Particulars
4-70 Death Penalty - Presumption of Innocence
4-71 Death Penalty - Felony Murder
4-72 Death Penalty - Aggravating Circumstances
4-73 Death Penalty - Heinous, Atrocious, Cruel Defined
4-74 Death Penalty - Continuing Threat to Society Defined
4-75 Death Penalty - Avoiding Lawful Arrest or Prosecution Defined
4-76 Death Penalty - Determination, Aggravating Circumstances
4-77 Death Penalty - Circumstantial Evidence
4-78 Death Penalty - Determination, Mitigating Circumstances
4-79 Death Penalty - Circumstances Which May Be Mitigating
4-80 Death Penalty - Weighing Aggravating/Mitigating Circumstances
4-81 Death Penalty - Aggravating Circumstances Reduced to Writing
4-82 Death Penalty - Closing Charge
4-83 Death Penalty - Deadlocked Jury
4-84 Death Penalty - Verdict Form for Aggravating Circumstances
4-85 Death Penalty - Death Verdict Form
4-86 Death Penalty - Life Imprisonment Without Parole Verdict Form
4-87 Death Penalty - Life Imprisonment Verdict Form
4-87A Death Penalty - Mental Retardation Verdict Form

2. SOLICITING ANOTHER TO COMMIT FIRST-DEGREE MURDER

4-88 Introduction
4-89 Elements
4-90 Soliciting Defined

3. MURDER IN THE SECOND DEGREE

4-91 By Imminently Dangerous Conduct - Elements
4-92 By Felony Murder - Elements
4-93 By Felony Murder - In the Commission of Defined

4. MANSLAUGHTER

4-94 First Degree by Misdemeanor-Manslaughter - Elements
4-95 First Degree by Heat of Passion - Elements
4-95A Murder in the First Degree ? Defense of Heat of Passion
4-96 First Degree by Dangerous Weapon - Elements (Deleted)
4-97 First Degree, Requirement for Heat of Passion
4-98 First Degree, Adequate Provocation Defined
4-99 First Degree, Passion Defined
4-100 First Degree, Cooling Time Defined
4-101 First Degree, Causal Connection Defined
4-102 First Degree by Resisting Criminal Attempt - Elements
4-103 Second Degree - Elements
4-104 Second Degree - Culpable Negligence Defined

5. NEGLIGENT HOMICIDE

4-105 Elements
4-106 Highway Defined
4-107 Reckless Disregard Defined
4-108 Homicide - Definitions

D. KIDNAPPING, ABDUCTION, CHILD STEALING

4-109 Introduction
4-110 Kidnapping - Elements
4-111 Kidnapping for Extortion
4-112 Abduction - Elements
4-113 Child Stealing - Elements
4-114 Kidnapping - Definitions

E. MAIMING

4-115 Introduction
4-116 Elements
4-117 Self-Maiming - Elements
4-118 Maiming - Definitions

F. RAPE AND OTHER SEX CRIMES

4-119 Introduction
4-120 First Degree - Elements
4-121 Spousal Rape in the First Degree - Elements
4-122 Sexual Intercourse Defined
4-123 Mental Illness Defined
4-124 Second Degree - Elements
4-125 First Degree by Instrumentation - Elements
4-126 First Degree by Instrumentation (Child Under 14) - Elements
4-127 Second Degree by Instrumentation - Elements
4-128 Forcible Oral Sodomy - Elements
4-129 [Lewd Acts (Molestation) with]/[Indecent Proposals to] a Child Under Sixteen - Elements
4-130 Sexual Battery - Elements
4-131 Indecent Exposure - Elements
4-132 Procuring Lewd Exhibition - Elements
4-133 Distribution of Pornography - Elements
4-134 Solicitation of Minor - Elements
4-135 Exhibition of Obscene Material to Minor - Elements
4-135A Buying/Possessing/Procuring Child Pornography - Elements
4-135B Procurement of Child for Pornography - Elements
4-135C Possession/Procurement of Child Pornography - Elements
4-136 Peeping Tom -- Elements
4-137 Incest -- Elements
4-138 Consent of Minor
4-139 Rape and Sex Crimes - Definitions

G. ROBBERY

4-140 Introduction
4-141 First Degree - Elements
4-142 Second Degree - Elements
4-143 Conjoint - Elements
4-144 With a Dangerous Weapon - Elements
4-145 Attempted, With a Dangerous Weapon - Elements
4-146 Robbery - Definitions

H. OTHER CRIMES AGAINST PERSONS

4-147 Abuse of Charge by Caretaker - Elements
4-147A Verbal Abuse of Charge by Caretaker - Elements
4-148 Abuse of Charge by Caretaker - Definitions

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