Battery & Assault

Question 1

Battery: Common Law

Answer 1

An unlawful application of force to the person of another resulting in:

bodily injury or

offensive touching.

Question 2

Illinois Battery

Answer 2

• knowingly (and without legal justification)
  1) Causes bodily harm to an individual, or
  2) makes physical contact of an insulting or provoking nature with an individual.

Question 3

Common Law Assault

Answer 3

The original assault crime was attempted battery.

mens rea = intent to commit a battery.

Actus reus = coming close to a battery.

Actual ability to complete the battery required.

Question 4

MPC Assault

Answer 4

Attempted battery assault remains [“attempts to cause”].

1) affirmative desire to cause bodily injury or serious bodily injury, and
2) an act of preparation that takes a substantial step in the course of conduct planned to cause bodily injury.

The MPC also includes frightening assault.

The MPC and most statutes require only apparent ability to commit the assault.

Question 5

Illinois Assault, Handout

Answer 5

A person commits an assault when, without lawful authority -

He or she knowingly engages in conduct =

Which places another in reasonable apprehension of receiving a battery.

Question 6

MPC: Frightening Assault

Answer 6

Intent to frighten the victim

Conduct that is objectively frightening because of the implicit threat of bodily injury.

Consider the pattern jury instruction for MPC jurisdictions.

Question 7

Bodily Harm and HIV Transmission

Answer 7

Many states treat transmission of HIV as a bodily harm battery.

• remember to consider the language of the statute (whether it requires general or specific intent)

Question 8

MPC: Simple Assault:

Answer 8

The MPC and most statutes recognize only the bodily injury component of battery.

(1) Simple assault: a person is guilty of simple assault if he:
(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(b) negligently causes bodily injury to another with a deadly weapon; or
(c) attempts by physical menace to put another in fear of imminent serious bodily injury.

Question 9

MPC: Aggravated Assault

Answer 9

(2) Aggravated assault: a person is guilty of aggravated assault if he:
(a) 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
(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.