Assault & Battery

Question 1

What is the MPC definition of bodily injury?

Answer 1

“physical pain, illness, or any impairment of physical condition.”
just need to establish that the physical touching caused pain.

Question 2

MPC # of crimes for assault v. CL #

Answer 2

MPC has 8 crimes under assualt including battery and assault
This is a change to the common law approach and has had an impact nationwide.
CL has two
simple assault and aggravated assault (serious bodily injury)

Question 3

TPC §22.01

Answer 3

Assault
(a) A person commits an offense if the
person:
(1) Intentionally, knowingly, or recklessly
causes bodily injury to another,
including the person’s spouse;
(2) Intentionally, or knowingly threatens
another with imminent bodily injury,
including the person’s spouse; or
(3) 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.

Question 4

Assault against specific people (special category)

Answer 4

TX has special categories of assault, whihc makes misdemeanors 3rd degree felonies including:
- Public servant lawfully discharging their duties
- emergency service personnel
- while person performing service authorized by government
- security officer
- actor presumed to know fits in these categories if they were wearing a badge and/or uniform

Question 5

Is consent a defense to assault?

Answer 5

some jdx’s specifically recognize consent as a defense with sports
However, rebuttable if
- the injury did not occur as “a by-product of the game itself” or
- the defendant’s conduct not “foreseeable behavior in the play of the game.”

Question 6

In Commonwealth v. Henson, what would change if the defendant were charged with attempted murder instead of second-degree murder? How is the required mental state relevant?

Answer 6

Attempted murder requires specific intent to kill, whereas second-degree murder (as in Henson) can be based on recklessness or implied malice (depraved heart).
Since Henson acted recklessly but lacked specific intent to kill, he could not be convicted of attempted murder.
The “blanks” refer to the fact that recklessness cannot substitute for the specific intent required for attempt.

Question 7

Stalking – Elements & Legal Overview

Answer 7

Basic components:
* Defendant engages in a course of conduct
* Conduct is aimed at a specific person
* Conduct causes fear in that person
* Acts occur at least twice
* Some statutes require a credible threat
* Most allow threats implied by conduct
* Restraining order impact:
* Fewer than 2% of victims believed it stopped the stalking

Question 8

What are key legal and policy aspects of domestic violence as a modern criminal offense?

Answer 8

A relatively new crime
* Aimed to change attitudes in law enforcement and the legal system—no longer treated as just a “family matter”
* Involves increased punishment, often harsher than simple assault
* Policies include mandatory arrest and “no drop” prosecution (cases proceed even if the victim recants)