What are the elements of battery on a non-confined person?

Because the officer's lawful performance of his or her duties is not an element of the crime charged here, the court did not err when it did not instruct the jury with CALCRIM No. 2670. The elements of battery on a nonconfined person are "(1) [t]he defendant was confined in a state prison; (2) while confined, the defendant willfully touched the victim in a harmful or offensive manner; and (3) the victim was not confined in a state prison." (People v. Flores (2009) 176 Cal.App.4th 924, 930-931.) The cases on which Hughley relies are inapposite because they

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involve offenses in which an officer's lawful performance of his or her duties is an element of the crime. (See People v. White (1980) 101 Cal.App.3d 161; People v. Olguin (1981) 119 Cal.App.3d 39.)