Assault and Battery Flashcards
CL Bodily injury battery
Actus Reus
Causing physical pain, illness, or any impairment of physical condition.
(E.g., any “deviation from normal health”)
May result indirectly through causing poison ingestion or disease exposure.
Mens Rea
Criminal negligence (general intent) (negligently)
CL Offensive touching battery
Actus Reus
“The least touching of another’s person willfully, or in anger, is a battery.”
(no injury required)
Mens Rea
Criminal negligence (general intent) (negligently)
CL Attempted battery assault
Actus Reus - Sufficiently near to the result of battery
Mens rea: Intent to achieve the result of battery
CL Frightening assault
Actus Reus
A menacing threat or injury AND an actual or apparent ability to injure the victim.
Mens Rea
Intent to frighten the victim
MPC Simple Assault
Simple Assault. A person is guilty of assault if he:
attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
negligently causes bodily injury to another with a deadly weapon; or
attempts by physical menace to put another in fear of imminent serious bodily injury.
MPC Aggravated Assault.
A person is guilty of aggravated assault if he:
attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly,
or recklessly under circumstances manifesting extreme indifference to the value of human life;
or
attempts to cause or purposely or knowingly causes bodily injury to another with a deadly
weapon.
MPC § 211.2 Recklessly Endangering Another Person
A person commits a misdemeanor if he recklessly engages in conduct which places or may place
another person in danger of death or serious bodily injury. Recklessness and danger shall be
presumed where a person knowingly points a firearm at or in the direction of another, whether or not
the actor believed the firearm to be loaded.
TPC § 22.01 Assault
A person commits an offense if the person:
Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s
spouse;
Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
Intentionally or knowingly causes physical contact with another when the person knows or
should reasonably believe that the other will regard the contact as offensive or provocative.
Assault against the following upgrades misdemeanor assault to 3rd degree felony:
Public servant lawfully discharging their duties.
Emergency service personnel
While person performing service authorized by government
Security officer
Actor presumed to know someone fits in these categories if they were wearing a badge
and/or uniform.
Consent as a defense
Recognized in sports but rebuttable if injury was not biproduct of the game or def behavior not foreesable
Stalking
Def course of conduct aimed at a specific person
Conduct causes fear in that person
Happens at least twice
Some statues require credible threat
Most statutes allow simply threats implied by conduct
