Assault and battery - Next Generation Bar Exam
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.