Assault and Battery Flashcards
Define: Common Law Battery
An unlawful application of force to the person of another resulting in either bodily touching or offensive touching.
Define: Illinois Battery Definition
A person commits battery if he or she knowingly, and without legal justification by any means:
1) causes bodily harm to an individual or
2) Makes physical contact of an insulting or provoking nature with an individual.
What was original assault crime under common law?
Attempted Battery
What were the elements of Common Law Assault?
Mens Rea: intent to commit a battery
Actus Reus: the act of coming close to a battery.
Final element: the actual ability to commit a battery.
What is MPC and Statutory Assault?
A person is guilty of assault if he attempts by physical menace to put another in fear of imminent serious bodily injury.
Only requires that a person is apparently able to commit the assault.
What is Illinois Assault?
A person commits battery when they unlawfully and KNOWINGLY engages in conduct which places another in reasonably apprehension of a battery.
What does Illinois Battery require?
Requires:
1) Bodily Harm
2) Offensive Touching
What is Frightening Assault in the MPC?
Attempted to put victim in fear of imminent serious bodily injury; and that he or she did so by using physical menace.
Intent to frighten the victim using conduct that is objectively frightening because of the implicit threat of bodily injury.
What is the frightening assault statute in Illinois?
Placing another in reasonable apprehension of receiving a battery.
What type of battery is HIV transmission?
Bodily Harm Battery.
What is the Illinois Stalking statute?
An individual commits stalking when he or she knowingly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or suffer emotional distress and the person is actually placed in fear.
