Battery is unlawful touching, typically with injury. Though the actus reus of battery usually requires injury,

Question:

• Battery is unlawful touching, typically with injury.

• Though the actus reus of battery usually requires injury, not all states impose this requirement.

• A threatened battery assault occurs when one person intentionally places another person in anticipation of imminent battery.

• An attempted battery assault occurs when the criminal attempts to commit the crime of battery but is unsuccessful.

• Assaults are often lumped into two categories:

simple and aggravated. Aggravated assaults, which are counted in the FBI’s crime index, are the most serious.

Questions:-

1. What is battery, and how does it differ from assault?
2. Should assault and battery be defined separately in the penal code? Why or why not?
3. Can a person be a victim of battery without an assault?
If so, explain.

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Related Book For  book-img-for-question

Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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