Assault & Battery

Question 1

Bodily Injury Battery

Answer 1

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)

Question 2

MPC 211.1 Assault

Answer 2

Simple Assault: a person is guilty 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

Aggravated assault: a person is guilty 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

Question 3

MPC 211.2 Recklessly Endangering Another Person

Answer 3

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.

Question 4

TPC 22.01 Assault

Answer 4

A person commits the offense if:
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 know that the other will regard the contact as offensive or provocative

Question 5

Texas Assault penalty upgrades

Answer 5

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.

Question 6

Consent as a Defense

Answer 6

Some jurisdictions 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 7

Stalking

Answer 7

Elements:
1. Defendant’s course of conduct aimed at a specific person.
2. Conduct causes fear in that person.
3. It happens at least twice.
○ Some statutes require a “credible threat.”
○ Most statues allow simply “threats implied by conduct.”

Question 8

Offensive Touching Battery

Answer 8

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)

Question 9

Attempted Battery Assault

Answer 9

Actus Reus
 Acts that came “sufficiently near” to the result of a battery.

Mens Rea
 Intent to achieve the result of a battery

Question 10

Frightening Assault

Answer 10

Actus Reus
 A menacing threat or injury AND an actual or apparent ability to injure the victim.

Mens Rea
 Intent to frighten the victim