Assault: Related Definitions

9/9/2018 Assault - Wikipedia
Assault
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal
definitions, a threat or attempt to commit such an action.[1] It is both a crime and a tort and, therefore, may result in
either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.
Traditionally, common law legal systems had separate definitions for assault and battery. When this distinction is
observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause
battery. Some jurisdictions combined the two offences into assault and battery, which then became widely referred
to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line
with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault
from battery.
Legal systems generally acknowledge that assaults can vary greatly in severity. In the United States, an assault can be
charged as either a misdemeanor or a felony. In England and Wales and Australia, it can be charged as either common
assault, assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier
system: assault, assault causing bodily harm and aggravated assault. Separate charges typically exist for sexual
assaults, affray and assaulting a police officer. Assault may overlap with an attempted crime; for example an assault
may be charged as an attempted murder if it was done with intent to kill.
Contents
Related definitions
Battery
Aggravated assault
Defenses
Consent
Arrest and other official acts
Punishment
Prevention of crime
Defense of property
Regional details
Canada
India
Nigeria
Pacific Islands
Republic of Ireland
South Africa
United Kingdom
England and Wales
Aggravated assaults
Scotland
Northern Ireland
Australia
Assault with further specific intent
Assault causing certain injuries
United States
Ancient Greece
https://en.wikipedia.org/wiki/Assault 1/13
See also
Notes
References
External links
Related definitions
Battery
In jurisdictions that make a distinction between the two, assault usually accompanies battery if the assailant both
threatens to make unwanted contact and then carries through with this threat. See common assault. The elements of
battery are (1) a volitional act[2] (2) done for the purpose of causing a harmful or offensive contact with another person
or under circumstances that make such contact substantially certain to occur and (3) which causes such contact.[3]
Thus throwing a rock at someone for the purpose of hitting them is a battery if the rock in fact strikes the person, and
is an assault if the rock misses.
Aggravated assault
Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon.[4] A person has
committed an aggravated assault when that person attempts to:
cause serious bodily injury to another person with a deadly weapon[5]

have sexual relations with a person who is under the age of consent
cause bodily harm by recklessly operating a motor vehicle during road rage; often referred to as either vehicular
assault or aggravated assault with a motor vehicle.
Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants.
Defenses
Although the range and precise application of defenses varies between jurisdictions, the following represents a list of
the defenses that may apply to all levels of assault:
Consent
Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as de minimis
harm. Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to
others.
Consent may be a complete or partial defense to assault. In some jurisdictions, most notably England, it is not a
defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault.[6]
This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity,
the most notable case being the Operation Spanner case. Legally recognized good reasons for consent include surgery,
activities within the rules of a game (mixed martial arts, wrestling, boxing, or contact sports), bodily adornment (R v
Wilson [1996] Crim LR 573), or horseplay (R v Jones [1987] Crim LR 123). However, any activity outside the rules of
the game is not legally recognized as a defense of consent. In Scottish law, consent is not a defense for assault.[7]
Arrest and other official acts
Police officers and court officials have a general power to use force for the purpose of performing an arrest or generally
carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if
reasonably necessary.
Punishment
In some jurisdictions such as Singapore, judicial corporal punishment is part of the legal system. The officers who
administer the punishment have immunity from prosecution for assault.
In the United States, the United Kingdom, Australia and Canada, corporal punishment administered to children by
their parent or legal guardian is not legally considered to be assault unless it is deemed to be excessive or
unreasonable. What constitutes "reasonable" varies in both statutory law and case law. Unreasonable physical
punishment may be charged as assault or under a separate statute for child abuse.
Many countries, including some US states, also permit the use of corporal punishment for children in school. In
English law, s. 58 Children Act 2004 limits the availability of the lawful correction defense to common assault under
s. 39 Criminal Justice Act 1988.
Prevention of crime
This may or may not involve self-defense in that, using a reasonable degree of force to prevent another from
committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of
personal violence.
Defense of property
Some jurisdictions allow force to be used in defense of property, to prevent damage either in its own right, or under
one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a
crime (in English law, under s5 Criminal Damage Act 1971 it may be argued that the defendant has a lawful excuse to
damaging property during the defense and a defense under s3 Criminal Law Act 1967) subject to the need to deter
vigilantes and excessive self-help. Furthermore, some jurisdictions, such as Ohio, allow residents in their homes to use
force when ejecting an intruder. The resident merely needs to assert to the court that they felt threatened by the
intruder's presence.
This defense is not universal: in New Zealand (for example) homeowners have been convicted of assault for attacking
burglars.
Regional details
Canada
Assault is an offence under s. 265 of the Canadian Criminal Code.[8] There is a wide range of the types of assault that
can occur. Generally, an assault occurs when a person directly or indirectly applies force intentionally to another
person without their consent. It can also occur when a person attempts to apply such force, or threatens to do so,
without the consent of the other person. An injury need not occur for an assault to be committed, but the force used in
the assault must be offensive in nature with an intention to apply force. It can be an assault to "tap", "pinch", "push",
or direct another such minor action toward another, but an accidental application of force is not an assault.
The potential punishment for an assault in Canada varies depending on the manner in which the charge proceeds
through the court system and the type of assault that is committed. The Criminal Code defines assault as a dual
offence (indictable or summary offence). Police officers can arrest someone without a warrant for an assault if it is in
the public's interest to do so notwithstanding S.495(2)(d) of the Code.[8] This public interest is usually satisfied by
preventing a continuation or repetition of the offence on the same victim.
Some variations on the ordinary crime of assault include:
Assault: The offence is defined by section 265 of the Code.[8]

Assault with a weapon: Section 267(a) of the Code.[8]
Assault causing bodily harm: See assault causing bodily harm Section 267(b) of the Code.[8]
Aggravated assault: Section 268 of the Code.[8]
Assaulting a peace officer, etc.: Section 270 of the Code.[8]
Sexual assault: Section 271 of the Code.[8]
Sexual assault with a weapon or threats or causing bodily harm: Section 272 of the Code.[8]
Aggravated sexual assault: See aggravated sexual assault.
An individual cannot consent to an assault with a weapon, assault causing bodily harm, aggravated assault, or any
sexual assault. Consent will also be vitiated if two people consent to fight but serious bodily harm is intended and
caused (R v Paice; R v Jobidon). A person cannot consent to serious bodily harm.
India
The Indian Penal Code covers the punishments and types of assault in Chapter 16,[9] sections 351 through 358.
Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or
preparation will cause any person present to apprehend that he who makes that gesture or preparation
is about to use criminal force to that person, is said to commit an assault.
— s.351 of the Indian Penal Code[10]
The Code further explains that "mere words do not amount to an assault. But the words which a person uses may give
to their gestures or preparation such a meaning as may make those gestures or preparations amount to an assault".
Assault is in Indian criminal law an attempt to use criminal force (with criminal force being described in s.350). The
attempt itself has been made an offence in India, as in other states.
Nigeria
The Criminal Code Act (chapter 29 of Part V; sections 351 to 365) creates a number of offences of assault.[11] Assault is
defined by section 252 of that Act. Assault is a misdemeanor punishable by one year imprisonment; assault with
"intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-
serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for.[12]
Pacific Islands
Marshall Islands
The offence of assault is created by section 113 of the Criminal Code.[13] A person is guilty of this offence if they
unlawfully offer or attempt, with force or violence, to strike, beat, wound, or do bodily harm to, another.
Republic of Ireland
Section 2 of the Non-Fatal Offences against the Person Act 1997 creates the offence of assault, and section 3 of that Act
creates the offence of assault causing harm.
South Africa
South African law does not draw the distinction between assault and battery. Assault is a common law crime defined
as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is
immediately to be applied to him". The law also recognises the crime of assault with intent to cause grievous bodily
harm, where grievous bodily harm is defined as "harm which in itself is such as seriously to interfere with health".[14]
The common law crime of indecent assault was repealed by the Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007, and replaced by a statutory crime of sexual assault.
United Kingdom
Piracy with violence

Section 2 of the Piracy Act 1837 provides that it is an offence, amongst other things, for a
person, with intent to commit or at the time of or immediately before or immediately after
committing the crime of piracy in respect of any ship or vessel, to assault, with intent to
murder, any person being on board of or belonging to such ship or vessel.
Assault on an officer of Revenue and Customs
This offence (relating to officers of HMRC) is created by section 32(1) of the Commissioners
for Revenue and Customs Act 2005.
Assaulting an immigration officer
This offence is created by section 22(1) (http://www.legislation.gov.uk/ukpga/2007/30/sectio
n/22) of the UK Borders Act 2007.
Assaulting an accredited financial investigator
This section is created by section 453A of the Proceeds of Crime Act 2002.[15]
Assaulting a member of an international joint investigation team
n/57) of the Serious Organised Crime and Police Act 2005.
Attacks on internationally protected persons
Section 1(1)(a) of the Internationally Protected Persons Act 1978 (c.17) makes provision for
assault occasioning actual bodily harm or causing injury on "protected persons" (including
Heads of State).
Attacks on UN Staff workers
Section 1(2)(a) of the United Nations Personnel Act 1997 (c.13) makes provision for assault
causing injury, and section 1(2)(b) makes provision for assault occasioning actual bodily
harm, on UN staff.
Assault by person committing an offence under the Night Poaching Act 1828
This offence is created by section 2 of the Night Poaching Act 1828.
Abolished offences:
Assault on customs and excise officers, etc.

Section 16(1)(a) of the Customs and Excise Management Act 1979 (c.2) provided that it was
an offence to, amongst other things, assault any person duly engaged in the performance of
any duty or the exercise of any power imposed or conferred on him by or under any
enactment relating to an assigned matter, or any person acting in his aid. For the meaning of
"assault" in this provision, see Logdon v. DPP [1976] Crim LR 121, DC. This offence was
abolished and replaced by the Commissioners for Revenue and Customs Act 2005.
Assaulting a person designated under section 43 of the Serious Organised Crime and
Police Act 2005
This offence was created by section 51(1) (http://www.legislation.gov.uk/ukpga/2005/15/secti
on/51) of the Serious Organised Crime and Police Act 2005. It related to officers of the
Serious Organized Crime Agency and was repealed when that agency was abolished.
England and Wales
English law provides for two offences of assault: common assault and battery. Assault (or common assault) is
committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal
violence. Violence in this context means any unlawful touching, though there is some debate over whether the
touching must also be hostile. Confusingly, the terms "assault" and "common assault" often encompass the separate
offence of battery, even in statutory settings such as s 40(3)(a) of the Criminal Justice Act 1988.
A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious
enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like
battery, is triable only in the magistrates' court in England and Wales (unless it is linked to a more serious offence,
which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault
occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may
acquit the Defendant of the more serious offence, but still convict of common assault if it finds common assault has
been committed.
Aggravated assaults
An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily
harm" (ABH) or, in the severest cases, "grievous bodily harm" (GBH).
Assault occasioning actual bodily harm

The offence of is created by section 47 of the Offences against the Person Act 1861.
Inflicting grievous bodily harm
Also referred to as "malicious wounding" or "unlawful wounding". This offence is created by
section 20 of the Offences against the Person Act 1861.
Causing grievous bodily harm with intent
Also referred to as "wounding with intent". This offence is created by section 18 of the
Offences against the Person Act 1861.
Other aggravated assault charges refer to assaults carried out against a specific target or with a specific intent:
Assault with intent to rob

The penalty for assault with intent to rob, a common law offence, is provided by section 8(2)
of the Theft Act 1968.
Racially or religiously aggravated common assault
This offence is created by section 29(1)(c) of the Crime and Disorder Act 1998.
Racially or religiously aggravated assault occasioning actual bodily harm
This offence is created by section 29(1)(b) of the Crime and Disorder Act 1998.
Assault with intent to resist arrest
The offence of assault with intent to resist arrest is created by section 38 of the Offences
against the Person Act 1861.
Assaulting a constable in the execution of his duty
Section 89(1) of the Police Act 1996 provides that it is an offence for a person to assault
either:
a constable acting in the execution of his duty; or
a person assisting a constable in the execution of his duty.
Assaulting a traffic officer

n/10) of the Traffic Management Act 2004.
Assaulting a person designated or accredited under sections 38 or 39 or 41 or 41A of the
Police Reform Act 2002
n/46) of the Police Reform Act 2002. Those sections relate respectively to persons given
police powers by a chief police officer, detention contractors retained by police, accredited
contractors under a community safety accreditation scheme, and weights and measures
inspectors.
Assault on a prison custody officer
This offence is created by section 90(1) of the Criminal Justice Act 1991 (c.53).
Assault on a secure training centre custody officer
This offence is created by section 13(1) of the Criminal Justice and Public Order Act 1994
(c.33).
Assault on officer saving wreck
This offence is created by section 37 of the Offences against the Person Act 1861.
Assaulting an officer of the court
This offence is created by section 14(1)(b) of the County Courts Act 1984.
Cruelty to persons under sixteen
Section 1(1) of the Children and Young Persons Act 1933 provides that it is an offence for a
person who has attained the age of sixteen years, and who has responsibility for a child or
young person under that age, to, amongst other things, wilfully assault that child or young
person, or to cause or procure that child or young person to be assaulted, in a manner likely
to cause him unnecessary suffering or injury to health.
Sexual assault
The offence of sexual assault created by section 3 of the Sexual Offences Act 2003. It is not
defined in terms of the offences of common assault or battery. It instead requires intentional
touching and the absence of a reasonable belief in consent.
Scotland
In Scots Law, assault is defined as an "attack upon the person of another".[16] There is no distinction made in Scotland
between assault and battery (which is not a term used in Scots law), although, as in England and Wales, assault can be
occasioned without a physical attack on another's person, as demonstrated in Atkinson v. HM Advocate[17] wherein
the accused was found guilty of assaulting a shop assistant by simply jumping over a counter wearing a ski mask. The
court said:
[A]n assault may be constituted by threatening gestures sufficient to produce alarm
— Atkinson v. HM Advocate (1987)
Scottish law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of
injury, the use of a weapon, or Hamesuken (to assault a person in their own home). The mens rea for assault is simply
"evil intent",[18] although this has been held to mean no more than that assault "cannot be committed accidentally or
recklessly or negligently" as upheld in Lord Advocate's Reference No 2 of 1992 where it was found that a "hold-up" in
a shop justified as a joke would still constitute an offence.
It is a separate offence to assault on a constable in the execution of their duty, under Section 90, Police and Fire
Reform (Scotland) Act 2012 (previously Section 41 of the Police (Scotland) Act 1967) which provides that it is an
offence for a person to, amongst other things, assault a constable in the execution of their duty or a person assisting a
constable in the execution of their duty.
Northern Ireland
Several offences of assault exist in Northern Ireland. The Offences against the Person Act 1861 creates the offences of:
Common assault and battery: a summary offence, under section 42;

Aggravated assault and battery: a summary offence, under section 43
Common assault: under section 47
Assault occasioning actual bodily harm: under section 47
The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 creates the offences of:
Assault with intent to resist arrest: under section 7(1)(b); this offence was formerly created by s.38 of the OAPA
1861.
That Act formerly created the offence of 'Assault on a constable in the execution of his duty'. under section 7(1)(a), but
that section has been superseded by section 66(1) of the Police (Northern Ireland) Act 1998 (c.32) which now provides
that it is an offence for a person to, amongst other things, assault a constable in the execution of his duty, or a person
assisting a constable in the execution of his duty.
Australia
The term 'assault', when used in legislation, commonly refers to both common assault and battery, even though the
two offences remain distinct. Common assault involves intentionally or recklessly causing a person to apprehend the
imminent infliction of unlawful force, whilst battery refers to the actual infliction of force.[19]
Each state has legislation relating to the act of assault, and offences against the act that constitute assault are heard in
the Magistrates Court of that state or indictable offences are heard in a District or Supreme Court of that State. The
legislation that defines assault of each state outline what the elements are that make up the assault, where the assault
is sectioned in legislation or criminal codes, and the penalties that apply for the offence of assault.[20]
In New South Wales, the Crimes Act 1900[21] defines a range of assault offences deemed more serious than common
assault and which attract heavier penalties. These include:
Assault with further specific intent
Acts done to the person with intent to murder[22]

Wounding or grievous bodily harm[23]
Use or possession of a weapon to resist arrest[24]
Assault causing certain injuries
Actual bodily harm[25] - the term is not defined in the Crimes Act, but case law indicates actual bodily harm may
include injuries such as bruises and scratches,[26] as well as psychological injuries [27] if the injury inflicted is more
than merely transient (the injury does not necessarily need to be permanent)[28]
Wounding [29] - where there is breaking of the skin;[26]
Grievous bodily harm [30] - which includes the destruction of a foetus, permanent or serious disfiguring, and
transmission of a grievous bodily disease[31]
United States
In the United States, assault may be defined as an attempt to commit a battery. However, the crime of assault can
encompass acts in which no battery is intended, but the defendant's act nonetheless creates reasonable fear in others
that a battery will occur.[32]
Assault is typically treated as a misdemeanor and not as a felony (unless the victim is a law enforcement officer), or in
New York State for example if the offender is a repeat offender. As a misdemeanor, however, it can still result in
incarceration and in a criminal record. The more serious crime of aggravated assault is treated as a felony.
Four elements were required at common law:[33]
1. The apparent, present ability to carry out;

2. An unlawful attempt;
3. To commit a violent injury;
4. Upon another.
Simple assault can be distinguished without the intent of injury upon

another person. The violation of one's personal space or touching in a way
the victim deemed inappropriate can be simple assault. In common law
states an assault is not committed by merely, for example, swearing at
another; without threat of battery, there can be no assault.
As the criminal law evolved, element one was weakened in most

jurisdictions so that a reasonable fear of bodily injury would suffice. These
four elements were eventually codified in most states.
Laws on assault vary by state. Since each state has its own criminal laws,
there is no universal assault law. Acts classified as assault in one state may
be classified as battery, menacing, intimidation, reckless endangerment,
etc. in another state. Modern American statutes may define assault as
including:
Felony Sentences in State Courts,
an attempt to cause or purposely, knowingly, or recklessly causing study by the United States
bodily injury to another
Department of Justice.
negligently causing bodily injury to another with a dangerous weapon
(assault with a deadly weapon).[34]
causing bodily harm by reckless operation of a motor vehicle (vehicular assault).[35]
threatening another in a menacing manner.[36]
knowingly causing physical contact with another person knowing the other person will regard the contact as
offensive or provocative[37]
causing stupor, unconsciousness or physical injury by intentionally administering a drug or controlled substance
without consent[38]
purposely or knowingly causing reasonable apprehension of bodily injury in another[39]
any act which is intended to place another in fear of immediate physical contact which will be painful, injurious,
insulting, or offensive, coupled with the apparent ability to execute the act.[40]
The laws on assault differ significantly from state to state as demonstrated below.
In Kansas the law on assault states:[41]
Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.
In New York State, assault (as defined in the New York State Penal Code Article 120)[42] requires an actual injury.
Other states define this as battery; there is no crime of battery in New York. However, in New York if a person
threatens another person with imminent injury without engaging in physical contact, that is called "menacing". A
person who engages in that behavior is guilty of aggravated harassment in the second degree (a Class A misdemeanor;
punishable with up to one year incarceration, probation for an extended time, and a permanent criminal record) when
they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a
Class E felony) if they have a previous conviction for the same offense.[43][44][45][46] New York also has specific laws
against hazing, when such threats are made as requirement to join an organization.
North Dakota law states:[47]
Simple assault.
1. A person is guilty of an offense if that person:
a. Willfully causes bodily injury to another human being; or

b. Negligently causes bodily injury to another human being by means of a firearm, destructive
device, or other weapon, the use of which against a human being is likely to cause death or
serious bodily injury.
In Tennessee assault is defined as follows:[48]
39-13-101. Assault.
(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would
regard the contact as extremely offensive or provocative.
States vary on whether it is possible to commit an "attempted assault" since it can be considered a double inchoate
offense.
In some states, consent is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete
defense, with the result that the misdemeanor is treated as a petty misdemeanor.
Furthermore, the crime of assault generally requires that both the perpetrator and the victim of an assault be human.
Thus, there is no assault if an ox gores a man. However, the Unborn Victims of Violence Act of 2004 treats the fetus as
a separate person for the purposes of assault and other violent crimes, under certain limited circumstances. See H.R.
1997 / P.L. 108-212 (http://www.nrlc.org/uploads/unbornvictims/UVVAEnrolled.pdf).
Some possible examples of defenses, mitigating circumstances, or failures of proof are:
A defendant could argue that since they were drunk, they could not form the specific intent to commit assault.
This defense would most likely fail, however, since only involuntary intoxication is accepted as a defense in most
American jurisdictions.
A defendant could also argue that they were engaged in mutually consensual behavior.
Ancient Greece
Assault in Ancient Greece was normally termed hubris. Contrary to modern usage, the term did not have the extended
connotation of overweening pride, self-confidence or arrogance, often resulting in fatal retribution. In Ancient Greece,
"hubris" referred to actions which, intentionally or not, shamed and humiliated the victim, and frequently the
perpetrator as well. It was most evident in the public and private actions of the powerful and rich.
Violations of the law against hubris included, what would today be termed, assault and battery; sexual crimes ranging
from forcible rape of women or children to consensual but improper activities; or the theft of public or sacred
property.[49] Two well-known cases are found in the speeches of Demosthenes, a prominent statesman and orator in
ancient Greece. These two examples occurred when first, Meidias punched Demosthenes in the face in the theater
(Against Meidias), and second when (in Against Konon) a defendant allegedly assaulted a man and crowed over the
victim.
Hubris, though not specifically defined, was a legal term and was considered a crime in classical Athens. It was also
considered the greatest sin of the ancient Greek world. That was so because it not only was proof of excessive pride,
but also resulted in violent acts by or to those involved. The category of acts constituting hubris for the ancient Greeks
apparently broadened from the original specific reference to mutilation of a corpse, or a humiliation of a defeated foe,
or irreverent, "outrageous treatment", in general.
The meaning was eventually further generalized in its modern English usage to apply to any outrageous act or
exhibition of pride or disregard for basic moral laws. Such an act may be referred to as an "act of hubris", or the person
committing the act may be said to be hubristic. Atë, Greek for 'ruin, folly, delusion', is the action performed by the
hero, usually because of their hubris, or great pride, that leads to their death or downfall.
Crucial to this definition are the ancient Greek concepts of honor (timē) and shame. The concept of timē included not
only the exaltation of the one receiving honor, but also the shaming of the one overcome by the act of hubris. This
concept of honor is akin to a zero-sum game. Rush Rehm simplifies this definition to the contemporary concept of
"insolence, contempt, and excessive violence".
See also
Affray
Assault (tort)
Battery (crime)
Common assault
Domestic violence
Gay bashing
Hate crime
Mayhem
Misdemeanor
Offences against the Person Act 1861
Rape
Sexual assault
Street fighting
Terroristic threat
Notes
1. "Assault and Battery Overview" (http://criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html).
criminal.findlaw.com. Retrieved 18 September 2016.
2. An act is volitional if it is purposeful and deliberate as opposed to reflexive or involuntary (see Dennis J. Baker,
Glanville Williams, Textbook of Criminal Law (London, Sweet & Maxwell 2012) at p 901. For example. a person
who has restless leg syndrome kicks his wife while asleep. The contact, although, harmful, would not constitute
battery because the act was not wilful.
3. A criminal battery may also be committed if the harmful or offensive contact is due to the criminal negligence of
the defendant.
4. "Crime in the United States 2010: Aggravated Assault" (https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/201
0/crime-in-the-u.s.-2010/violent-crime/aggravatedassaultmain). Federal Bureau of Investigation.
5. Baker, Dennis; William, Glanville. "9". Textbook of Criminal Law. London, Sweet & Maxwell.
6. (RvG ref 6. 1980): see"R v Brown (1993) 2 All ER 75" (https://web.archive.org/web/20071016125514/http://lawtea
cher.net/Criminal/Non%20Fatal%20Assaults/Consent%20R%20v%20Brown.htm). Archived from the original (htt
p://lawteacher.net/Criminal/Non+Fatal+Assaults/Consent+R+v+Brown.htm) on 16 October 2007. Retrieved
2009-09-17.
7. "Smart v. H. M. Advocate, [1975] ScotHC HCJ_1, 1975 SLT 65, 1975 JC 30." (http://www.bailii.org/scot/cases/Sco
tHC/1975/1975_JC_30.html) bailii.org. Retrieved 23 July 2018.
8. "CanLII - Criminal Code, RSC 1985, c C-46" (https://web.archive.org/web/20150430001252/http://www.canlii.org/
en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html). Archived from the original (http://www.canlii.org/en/c
a/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html) on 30 April 2015. Retrieved 10 May 2015.
9. Indian Penal Code Chapter XVI (http://devgan.in/ipc/chapter_16.php#s351)
10. "Vakil No1.com - "Indian Penal Code" " (http://www.vakilno1.com/bareacts/indianpenalcode/S351.htm). Retrieved
2 Mar 2011.
11. "Criminal Code Act-PartV" (http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm#Chapter%2029).
Retrieved 10 May 2015.
12. "Criminal Code Act-PartV" (http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm#Chapter%2025).
13. Criminal Code [31 MIRC Ch 1] (http://www3.paclii.org/mh/legis/consol_act/cc94/) Archived (https://web.archive.or

g/web/20090413025838/http://www.paclii.org/mh/legis/consol_act/cc94/) 13 April 2009 at the Wayback Machine.
14. Milton, John (1996). South African Criminal Law and Procedure: Common-law crimes (3rd ed.). Cape Town: Juta
& Co. pp. 405–437. ISBN 978-0-7021-3773-0.
15. Section 453A was inserted by section 81(2) (http://www.legislation.gov.uk/ukpga/2007/27/section/81) of the
Serious Crime Act 2007 and amended by paragraph 94 (http://www.legislation.gov.uk/ukpga/2009/26/schedule/7/
paragraph/94) of Schedule 7 to the Policing and Crime Act 2009.
16. MacDonald, Criminal Law (5th edn, 1948) p.155
17. 1987 SCCR 534
18. MacDonald, op. cit, p.155; Smart v. HM Advocate 1975 JC 30
19. Darby v DPP [2004] NSWCA 431 (http://www.austlii.edu.au/au/cases/nsw/NSWCA/2004/431.html), (2004) 61
NSWLR 558, Court of Appeal (NSW, Australia).
20. "Assault Laws in Australia: Definitions and Defences" (http://www.findlaw.com.au/articles/4274/assault-laws-in-au
stralia-definitions-and-defences.aspx). www.findlaw.com.au. Retrieved 2016-03-12.
21. Crimes Act 1900 (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/) (NSW).
22. Crimes Act 1900 (NSW) s 27 (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s27.html)
24. Crimes Act 1900 (NSW) s 33B (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s33b.html)
26. R v McIntyre [2009] NSWCCA 305 (http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2009/305.html), Court of
Criminal Appeal (NSW, Australia).
27. Li v R [2005] NSWCCA 442 (http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2005/442.html), Court of Criminal
Appeal (NSW, Australia).
28. R v Donovan [1934] 2 KB 498; (1934) 5 New Zealand Police Law Reports 247 (http://www.austlii.edu.au/nz/case
s/NZPoliceLawRp/1934/8.pdf).
29. Crimes Act 1900 (NSW) s 35 (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s35.html)(4).
30. Crimes Act 1900 (NSW) s 35 (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s35.html)(2).
31. Crimes Act 1900 (NSW) s 4 (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s4.html).
32. Larson, Aaron (12 February 2018). "What are the Crimes of Assault and Battery" (https://www.expertlaw.com/ass
ault-and-battery). ExpertLaw. Retrieved 15 March 2018.
33. Atoki, Morayo (1995). "Assault and S 47 of the Offences against the Person Act 1861" (http://journals.sagepub.co
m/doi/pdf/10.1177/002201839505900307). The Journal of Criminal Law. 59 (3): 301.
34. "South Dakota Legislature" (http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-18-1).
35. "RCW 46.61.522: Vehicular assault — Penalty" (http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.522).
36. "§ 28-310 — Assault in the third degree; penalty. :: Chapter 28 — Crimes and Punishments: 2006 Nebraska
Revised Statutes :: Nebraska Revised Statutes: US Codes and Statutes :: US Law :: Justia" (http://law.justia.com/
codes/nebraska/2006/s28index/s2803010000.html). Justia Law. Retrieved 10 May 2015.
37. "Section 565-070 Until December 31, 2016--Assault in the" (http://www.moga.mo.gov/statutes/C500-599/5650000
070.HTM). Retrieved 10 May 2015.
38. "Sec. 53a-60. Assault in the second degree: Class D felony. :: Chapter 952 — Penal Code: Offenses (contains
Secs. 53a-24 to 53a-323) :: Title 53a — Penal Code (contains Chapters 950 to 952) :: 2005 Connecticut Code ::
Connecticut Code: US Codes and Statutes: US Law: Justia" (http://law.justia.com/codes/connecticut/2005/title53
a/sec53a-60.html). Justia Law. Retrieved 10 May 2015.
39. "MONT CODE ANN § 45-5-201 : Montana Code - Section 45-5-201: Assault" (http://codes.lp.findlaw.com/mtcode/
45/5/2/45-5-201). Findlaw. Retrieved 10 May 2015.
40. "Iowa Code 708" (https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&
input=708#708.1). Retrieved 10 May 2015.
41. "KS Statutes: Ch 21 Article 34: Crimes Against Persons" (https://web.archive.org/web/20071114225316/http://kan

sasstatutes.lesterama.org/Chapter_21/Article_34/). 14 November 2007. Archived from the original on 14
November 2007. Retrieved 2016-09-18.
42. "Article 120 - NY Penal Law - Assault Menacing Stalking - Law" (https://www.nysenate.gov/legislation/laws/PEN/1
20.05). New York State Senate. Retrieved 15 March 2018.
43. "New York Consolidated Laws, Penal Law - PEN § 240.30 - FindLaw" (https://codes.findlaw.com/ny/penal-law/pen
-sect-240-30.html). findlaw.com. Retrieved 23 July 2018.
44. "New York Harassment Laws - FindLaw" (https://statelaws.findlaw.com/new-york-law/new-york-harassment-laws.
html). findlaw.com. Retrieved 23 July 2018.
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minal-act.html). nytimes.com. Retrieved 23 July 2018.
46. "Second Degree Aggravated Harassment" (https://www.new-york-lawyers.org/second-degree-aggravated-harass
ment.html). The Law Office of Crotty & Saland. Retrieved 23 July 2018.
47. "North Dakota Century Code t12.1c17" (http://www.legis.nd.gov/cencode/t12-1c17.pdf?20130902151232) (PDF).
48. "LexisNexis® Custom Solution: Tennessee Code Research Tool" (http://www.lexisnexis.com/hottopics/tncode/).
49. MacDowell (1976) p. 25.
References
Baker, Dennis; William, Glanville. Textbook of Criminal Law. London, Sweet & Maxwell. chapter 9
External links
A guide to the non fatal offences against the person (https://web.archive.org/web/20090201151414/http://criminall
awonline.com/artassaults.php)
H.R. 1997 / P.L. 108-212 (http://thomas.loc.gov/cgi-bin/query/D?c108:5:./temp/~c1082ah2oE::) Unborn Victims of
Violence Act of 2004
IPC Chapter XVI (http://devgan.in/ipc/chapter_16.php) (Mobile Friendly)
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9/9/2018 Assault - Wikipedia

cause serious bodily injury to another person with a deadly weapon[5]

Arrest and other official acts

Some variations on the ordinary crime of assault include:

Assault: The offence is defined by section 265 of the Code.[8]

— s.351 of the Indian Penal Code[10]

Piracy with violence

Assault on customs and excise officers, etc.

England and Wales

Assault occasioning actual bodily harm

Assault with intent to rob

Assaulting a traffic officer

[A]n assault may be constituted by threatening gestures sufficient to produce alarm

— Atkinson v. HM Advocate (1987)

Common assault and battery: a summary offence, under section 42;

Assault with further specific intent

Acts done to the person with intent to murder[22]

Assault causing certain injuries

Four elements were required at common law:[33]

1. The apparent, present ability to carry out;

Simple assault can be distinguished without the intent of injury upon

As the criminal law evolved, element one was weakened in most

In Kansas the law on assault states:[41]

North Dakota law states:[47]

1. A person is guilty of an offense if that person:

a. Willfully causes bodily injury to another human being; or

In Tennessee assault is defined as follows:[48]

(a) A person commits assault who:

Some possible examples of defenses, mitigating circumstances, or failures of proof are:

13. Criminal Code [31 MIRC Ch 1] (http://www3.paclii.org/mh/legis/consol_act/cc94/) Archived (https://web.archive.or

41. "KS Statutes: Ch 21 Article 34: Crimes Against Persons" (https://web.archive.org/web/20071114225316/http://kan

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This page was last edited on 5 September 2018, at 18:21 (UTC).

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