Assault and battery - Next Generation Bar Exam

  1. What mental state and awareness does attempted-battery assault require?
    Specific intent to commit a battery; the victim need not be aware of the attempt. The defendant must come close enough to completing the battery to satisfy attempt principles.
  2. What are the elements of criminal battery?
    An unlawful application of force to another person that causes bodily injury or an offensive touching. The force may be applied directly or indirectly.
  3. When is a victim's consent a defense to battery?
    When the injury is minor or occurs in a lawful activity whose risks were consented to, such as a sport. Consent is generally no defense to serious bodily injury.
  4. What more than words is ordinarily required for apprehension-type assault?
    An overt act or circumstances making the threat of imminent harm apparent. Words alone, without conduct, ordinarily do not create reasonable apprehension of imminent harm.
  5. Which circumstances commonly elevate battery to aggravated battery?
    Use of a deadly weapon, infliction of serious bodily injury, or a specially protected victim. Aggravated battery is typically a felony.
  6. What does apprehension-type assault require of the victim?
    Awareness of the threat and reasonable apprehension of imminent bodily harm. The defendant must intend to cause that apprehension.
  7. Intending to frighten her, a man points an unloaded gun at a woman who believes it is loaded. Which form of assault has he committed?
    Apprehension-type assault. The victim reasonably feared imminent harm, even though the man could not have carried out a battery with the gun.
  8. What are the two forms of criminal assault?
    Attempted battery, and intentionally placing another in reasonable apprehension of imminent bodily harm. A jurisdiction may recognize one or both forms.
  9. What mental state does battery require in most jurisdictions?
    Intent, knowledge, or recklessness as to the application of force. Some statutes also punish criminally negligent battery.
  10. A man swings a bat at another's back, misses, and the victim never notices. Which form of assault, if any, has the man committed?
    Attempted-battery assault. Apprehension-type assault fails because the victim was not aware of the threat.

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