![Southern Chivalry](https://upload.wikimedia.org/wikipedia/commons/3/31/Southern_Chivalry.jpg)
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
and a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and
tort law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
.
Traditionally,
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
legal systems have separate definitions for assault and
battery
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
. 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 a single crime called "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
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
have never distinguished assault from battery.
Legal systems generally acknowledge that assaults can vary greatly in severity. In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, an assault can be charged as either a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
or a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
and
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, it can be charged as either
common assault
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally com ...
,
assault occasioning actual bodily harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and t ...
(ABH) or
grievous bodily harm
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...
(GBH). Canada also has a three-tier system: assault,
assault causing bodily harm Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant. ''Criminal Code'', RSC 1985, c C-46s 267(b). It is the ...
and
aggravated assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
. Separate charges typically exist for
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
s,
affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in french: à l'effroi) of ordinary people. Depending on their act ...
and
assaulting a police officer. Assault may overlap with an
attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
ed crime; for example an assault may be charged as an
attempted murder
Attempted murder is a crime of attempt in various jurisdictions.
Canada
Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seven ye ...
if it was done with intent to kill.
Related definitions
Battery
In jurisdictions that make a distinction between the two, assault usually accompanies
battery
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
if the assailant both threatens to make unwanted contact and then carries through with this threat. See
common assault
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally com ...
. The elements of battery are that it is a volitional act, 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 which causes such contact.
Aggravated assault
Aggravated
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
assault is, in some jurisdictions, a stronger form of assault, usually using a
deadly weapon
A deadly weapon, sometimes dangerous weapon (although some jurisdictions differentiate between the two) or lethal weapon, is an item that can inflict mortal or great bodily harm. By statutory definition, certain items, especially firearms, are de ...
. A person has committed an aggravated assault when that person attempts to:
* cause serious bodily injury to another person with a deadly weapon
* have sexual relations with a person who is under the
age of consent
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
* cause bodily harm by recklessly operating a
motor vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of pe ...
during
road rage
Road rage is aggressive or angry behavior exhibited by motorists. These behaviors include rude and verbal insults, yelling, physical threats or dangerous driving methods targeted at other drivers, pedestrians or cyclists in an effort to intimid ...
; 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
''De minimis'' is a Latin expression meaning "pertaining to minimal things", normally in the terms ''de minimis non curat praetor'' ("The praetor does not concern himself with trifles") or ''de minimis non curat lex'' ("The law does not concern i ...
harm. Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to others.
Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
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. This can have important consequences when dealing with issues such as consensual
sadomasochistic sexual activity, the most notable case being the
Operation Spanner
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three ye ...
case. Legally recognized good reasons for consent include surgery, activities within the rules of a game (
mixed martial arts
Mixed martial arts (MMA), sometimes referred to as cage fighting, no holds barred (NHB), and ultimate fighting, and originally referred to as Vale Tudo is a full-contact combat sport based on striking, grappling and ground fighting, inc ...
,
wrestling
Wrestling is a series of combat sports involving grappling-type techniques such as clinch fighting, throws and takedowns, joint locks, pins and other grappling holds. Wrestling techniques have been incorporated into martial arts, combat ...
,
boxing
Boxing (also known as "Western boxing" or "pugilism") is a combat sport in which two people, usually wearing protective gloves and other protective equipment such as hand wraps and mouthguards, throw punches at each other for a predetermined ...
, or
contact sports
Contact sports are sports that emphasize or require physical contact between players. Some sports, such as mixed martial arts, are scored on impacting an opponent, while others, including rugby football, gridiron football and Australian rules foot ...
), bodily adornment (''R v Wilson''
996
Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
Crim LR 573), or horseplay (''R v Jones''
987Crim 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.
Arrest and other official acts
Police officers
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
and court officials have a general power to
use force for the purpose of performing an
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
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
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
,
judicial corporal punishment
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
is part of the
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
. The officers who administer the punishment have
immunity
Immunity may refer to:
Medicine
* Immunity (medical), resistance of an organism to infection or disease
* ''Immunity'' (journal), a scientific journal published by Cell Press
Biology
* Immune system
Engineering
* Radiofrequence immunity desc ...
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
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...
. Unreasonable physical punishment may be charged as assault or under a separate statute for
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
.
Many countries, including some US states, also permit the use of corporal punishment for
children in school. In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, s. 58
Children Act 2004
The Children Act 2004 (c 31) is an Act of the Parliament of the United Kingdom.
The Act amended the Children Act 1989, largely in consequence of the Victoria Climbié inquiry.
The Act is now the basis for most official administration that is ...
limits the availability of the lawful correction defense to common assault under s. 39
Criminal Justice Act 1988
The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom.
Title
The title of this Act is:
Unduly lenient sentences
In England and Wales, the Act granted the Attorney General the power to refer sentences for c ...
.
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
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property.
English law
Gener ...
, 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
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally ...
it may be argued that the defendant has a ''lawful excuse'' to damage property during the defense and a defense under s3
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
Territ ...
) subject to the need to deter
vigilante
Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority.
A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...
s 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.
Regional details
The following are the countries with the most cases of assault according to the United Nations in 2018.
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.
Each state has legislation relating to the act of assault, and offences against the act that constitute assault are heard in the
magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
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.
In New South Wales, the
Crimes Act 1900
The ''Crimes Act'' 1900. is a New South Wales statute that sets out the majority of criminal offences for the state of New South Wales in Australia. It, the Commonwealth Crimes Act 1914. and the Commonwealth Criminal Code Act 1995 form the major ...
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
* Wounding or grievous bodily harm
* Use or possession of a weapon to resist arrest
Assault causing certain injuries
* Actual bodily harm – the term is not defined in the ''Crimes Act'', but case law indicates actual bodily harm may include injuries such as bruises and scratches,
[.] as well as psychological injuries if the injury inflicted is more than merely transient (the injury does not necessarily need to be permanent)
* Wounding – where there is breaking of the skin;
* Grievous bodily harm – which includes the destruction of a foetus, permanent or serious disfiguring, and transmission of a grievous bodily disease
Assault causing death
* Death
* Death when intoxicated (in regards to the offender)
Canada
Assault is an offence under s. 265 of the Canadian
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
.
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.
[ 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.][
* Assault with a weapon: Section 267(a) of the Code.][
* Assault causing bodily harm: See ]assault causing bodily harm Assault causing bodily harm is a statutory offence of assault in Canada with aggravating factors. It is committed by anyone who, in committing an assault, causes bodily harm to the complainant. ''Criminal Code'', RSC 1985, c C-46s 267(b). It is the ...
Section 267(b) of the Code.[
* Aggravated assault: Section 268 of the Code.][
* Assaulting a peace officer, etc.: Section 270 of the Code.][
* Sexual assault: Section 271 of the Code.][
* Sexual assault with a weapon or threats or causing bodily harm: Section 272 of the Code.][
* Aggravated sexual assault: See ]aggravated sexual assault
The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary from nation to nation and state to state within nations.
Effects on victims
Aggravated sexual assault can lead to short- or long-term effects. Ma ...
.
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.
Ancient Greece
Assault in Ancient Greece was normally termed hubris
Hubris (; ), or less frequently hybris (), describes a personality quality of extreme or excessive pride or dangerous overconfidence, often in combination with (or synonymous with) arrogance. The term ''arrogance'' comes from the Latin ', mean ...
. Contrary to modern usage, the term did not have the extended connotation of overweening pride
Pride is defined by Merriam-Webster as "reasonable self-esteem" or "confidence and satisfaction in oneself". A healthy amount of pride is good, however, pride sometimes is used interchangeably with "conceit" or "arrogance" (among other words) wh ...
, 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
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
of women or children to consensual but improper activities; or the theft of public or sacred property. Two well-known cases are found in the speeches of Demosthenes
Demosthenes (; el, Δημοσθένης, translit=Dēmosthénēs; ; 384 – 12 October 322 BC) was a Greek statesman and orator in ancient Athens. His orations constitute a significant expression of contemporary Athenian intellectual prow ...
, a prominent statesman and orator in ancient Greece
Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
. These two examples occurred when first, in addition to other acts of violence, Meidias allegedly punched Demosthenes in the face in the theater (Against Meidias "Against Meidias" ( grc, Κατὰ Μειδίου) is one of the most famous judicial orations of the prominent Athenian statesman and orator Demosthenes.
Background
Meidias, a wealthy Athenian, punched Demosthenes, who was at the time a choregos a ...
), and second (Against Konon), when the defendant allegedly severely beat him.
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
In Greek mythology, Atë, Até or Aite (; Ancient Greek: Ἄτη) was the goddess of mischief, delusion, ruin, and blind folly, rash action and reckless impulse who led men down the path of ruin. She also led both gods and men to rash and inconsi ...
, 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
Zero-sum game is a mathematical representation in game theory and economic theory of a situation which involves two sides, where the result is an advantage for one side and an equivalent loss for the other. In other words, player one's gain is e ...
game. Rush Rehm
Rush Rehm is professor of drama and classics at Stanford University in California, in the United States. He also works professionally as an actor and theatre director, director. He has published many works on Theatre of ancient Greece, classical ...
simplifies this definition to the contemporary concept of "insolence, contempt, and excessive violence".
India
The Indian Penal Code covers the punishments and types of assault in Chapter 16, sections 351 through 358.
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. 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.
Pacific Islands
Marshall Islands
The offence of assault is created by section 113 of the Criminal Code. 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 creates the offence of assault, and section 3 of that Act creates the offence of assault causing harm
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
.
South Africa
South African law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law syste ...
does not draw the distinction between assault and battery. ''Assault'' is a common law crime
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...
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
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...
'', where grievous bodily harm is defined as "harm which in itself is such as seriously to interfere with health". The common law crime of ''indecent assault
Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault.
England and Wales
Indecent assault was a broad ...
'' was repealed by the , and replaced by a statutory crime of ''sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
''.
United Kingdom
;Piracy with violence: Section 2 of the Piracy Act 1837
The Piracy Act 1837 (7 Will 4 & 1 Vict c 88) is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with ...
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
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
, 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
, patch =
, patchcaption =
, logo = HM Revenue & Customs.svg
, logocaption =
, badge =
, badgecaption =
, flag =
, flagcaption =
, image_size =
, co ...
) is created by section 32(1) of the Commissioners for Revenue and Customs Act 2005
The Commissioners for Revenue and Customs Act 2005 (c 11) is an Act of the Parliament of the United Kingdom which combined the Inland Revenue and HM Customs and Excise into a single government department, HM Revenue and Customs. The Act also e ...
.
;Assaulting an immigration officer: This offence is created b
section 22(1)
of the UK Borders Act 2007
The UK Borders Act 2007 is an Act of the Parliament of the United Kingdom about immigration and asylum. Amongst other things, it introduced compulsory biometric residence permits for non-EU immigrants and introduced greater powers for immigratio ...
.
;Assaulting an accredited financial investigator: This section is created by section 453A of the Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the U ...
.
;Assaulting a member of an international joint investigation team: This offence is created b
section 57(2)
of the Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
.
;Attacks on internationally protected persons: Section 1(1)(a) of the Internationally Protected Persons Act 1978
''Worldwide Angel'' is the second mixtape by Spanish singer and songwriter Bad Gyal. It was released on 23 February 2018 by Puro Records and Canada Editorial. ''Worldwide Angel'' was presented with four singles: "Blink", "Candela", "Internatio ...
(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
United may refer to:
Places
* United, Pennsylvania, an unincorporated community
* United, West Virginia, an unincorporated community
Arts and entertainment Films
* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two fi ...
(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
The Night Poaching Act 1828 is an Act of the Parliament of the United Kingdom (citation 9 Geo. IV c. 69) still in effect in the 21st century. It forbids night poaching, especially ''taking or destroying game on lands, etc., by night, or enteri ...
.
Abolished offences:
;Assault on customs and excise officers, etc.: Section 16(1)(a) of the Customs and Excise Management Act 1979
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs h ...
(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 976
Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* January 10 – Emperor John I Tzimiskes dies at Constantinople, after ret ...
Crim LR 121, DC. This offence was abolished and replaced by the Commissioners for Revenue and Customs Act 2005
The Commissioners for Revenue and Customs Act 2005 (c 11) is an Act of the Parliament of the United Kingdom which combined the Inland Revenue and HM Customs and Excise into a single government department, HM Revenue and Customs. The Act also e ...
.
;Assaulting a person designated under section 43 of the Serious Organised Crime and Police Act 2005: This offence was created b
section 51(1)
of the Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
. It related to officers of the Serious Organized Crime Agency
The Serious Organised Crime Agency (SOCA) was a non-departmental public body of the Government of the United Kingdom which existed from 1 April 2006 until 7 October 2013. SOCA was a national law enforcement agency with Home Office sponsorship ...
and was repealed when that agency was abolished.
England and Wales
English law provides for two offences of assault: common assault
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally com ...
and battery
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
. Assault (or common assault
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally com ...
) 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. 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
The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom.
Title
The title of this Act is:
Unduly lenient sentences
In England and Wales, the Act granted the Attorney General the power to refer sentences for c ...
.
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
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cour ...
in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' 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 assault
=
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
Grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The ...
" (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
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, a common law offence, is provided by section 8(2) of the Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.
On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deceptio ...
.
;Racially or religiously aggravated common assault: This offence is created by section 29(1)(c) of the Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...
.
;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
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...
.
;Assault with intent to resist arrest: The offence of assault with intent to resist arrest
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
England and Wales
This offence is created by section 38 of the Offences against the Person ...
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
The Police Act 1996c 16 is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted police authorities for those areas, and set out the relationship between the Home Secretary and th ...
provides that it is an offence for a person to assault either:
:*a constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
acting in the execution of his duty; or
:*a person assisting a constable in the execution of his duty.
;Assaulting a traffic officer: This offence is created by section/10 section 10(1) of the Traffic Management Act 2004
The Traffic Management Act 2004 (c 18) is an Act of the Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Terri ...
.
;Assaulting a person designated or accredited under sections 38 or 39 or 41 or 41A of the Police Reform Act 2002: This offence is created by section/46 section 46(1)] of the Police Reform Act 2002
The Police Reform Act 2002 (c.30) is an Act of the Parliament of the United Kingdom.
Amongst the provisions of the Act are the creation of the role of Police Community Support Officers, who have some police powers whilst not being 'sworn' cons ...
. 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
The Criminal Justice Act 1991 (c. 53) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales, with certain clauses extended to either Northern Ireland or Scotland. The Act enabled the introduction of pri ...
(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
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
(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
The County Courts Act 1984 (c. 28) is an Act of the Parliament of the United Kingdom; the long title of the Act is "An Act to consolidate certain enactments relating to county courts". The Act replaced the County Courts Act 1959.
The County Cou ...
.
;Cruelty to persons under sixteen: Section 1(1) of the Children and Young Persons Act 1933
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales i ...
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, willfully 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
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
created by section 3 of the Sexual Offences Act 2003
The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom.
It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeuris ...
. 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
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, assault is defined as an "attack upon the person of another". 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'' wherein the accused was found guilty of assaulting a shop assistant by simply jumping over a counter wearing a ski mask
A balaclava, also known as a balaclava helmet or ski mask, is a form of cloth headgear designed to expose only part of the face, usually the eyes and mouth. Depending on style and how it is worn, only the eyes, mouth and nose, or just the front ...
. The court said:
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 ''Hamesucken
Stouthrief (alternatively stouthreif) is the Scots Law, Scottish crime of use or threat of violence against a householder who defends themselves during a housebreaking; it is additional to any associated robbery.
It is to be distinguished from th ...
'' (to assault a person in their own home). The ''mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'' for assault is simply "evil intent", 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 A Lord Advocate's Reference is a procedure by which the Lord Advocate can refer a point of law that has arisen during the course of solemn proceedings to the High Court of Justiciary sitting as the Court of Criminal Appeal, for a determination. Th ...
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
The Police (Scotland) Act 1967 (c. 77) is an Act of the United Kingdom Parliament which until 2013 had provided a framework for territorial police forces in Scotland to operate within. The Police and Fire Reform (Scotland) Act 2012, passed by the ...
) 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 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
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
(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.
United States
In the United States, assault may be defined as an attempt to commit a battery
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
. 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.
Four elements were required at common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
:
* The apparent, present ability to carry out;
* An unlawful attempt;
* To commit a violent injury;
* Upon another.
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.
The crime of assault generally requires that both the perpetrator and the victim of an assault be a natural person. Thus, unless the attack is directed by a person, an animal attack does not constitute an assault. However, under limited circumstances the Unborn Victims of Violence Act of 2004 treats a fetus
A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal deve ...
as a separate person for the purposes of assault and other violent crimes.
Possible examples of defenses, mitigating circumstances, or failures of proof that may be raised in response to an assault charge include:
* Lack of intent: A defendant could argue that since they were drunk, they could not form the specific intent
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing.
Definitions
Intent is def ...
to commit assault. This defense would most likely fail, however, since only involuntary intoxication
Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to:
* Substance intoxication:
** Alcohol intoxication
** LSD intoxication
** Toxidrome
** Tobacco intoxication
** Cannabis intoxication
** Cocaine i ...
is accepted as a defense in most American jurisdictions.
* Mutual consent: A defendant could also argue that they were engaged in mutually consensual behavior. For example, boxers who are fighting in an organized boxing match and do not significantly deviate from the rules of the sport cannot be charged with assault.
State laws
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
Battery most often refers to:
* Electric battery, a device that provides electrical power
* Battery (crime), a crime involving unlawful physical contact
Battery may also refer to:
Energy source
*Automotive battery, a device to provide power t ...
, menacing
Menacing or brandishing is a criminal offense in many U.S. states generally defined as displaying a weapon with the intent of placing another person in fear of imminent physical injury or death. Depending on state, degrees of offense range from a ...
, intimidation
Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...
, reckless endangerment
Endangerment is a type of crime involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person. There are several kinds of endangerment, each of which is a criminal act that can b ...
, etc. in another state. Assault is often subdivided into two categories, simple assault and aggravated assault.
* Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed. Simple assault is typically classified as a misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
offense, unless the victim is a member of a protected class, such as being a law enforcement officer. Even as a misdemeanor, an assault conviction may still result in incarceration and in a criminal record.
* Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
offense.
Modern American statutes may define assault as including:
* an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another
* negligently
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
causing bodily injury to another with a dangerous weapon (assault with a deadly weapon).
* causing bodily harm by reckless operation of a motor vehicle
A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of pe ...
(vehicular assault).
* threatening another in a menacing manner.
* knowingly causing physical contact with another person knowing the other person will regard the contact as offensive or provocative
* causing stupor, unconsciousness or physical injury by intentionally administering a drug or controlled substance without consent
*purposely or knowingly causing reasonable apprehension of bodily injury in another
*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.
In some states, consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense to an assault charge such that an assault charge is prosecuted as a less significant offense such as a ''petty misdemeanor''.
States vary on whether it is possible to commit an "attempted assault" since it can be considered a double inchoate offense
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the fol ...
.
=Kansas
=
In Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
the law on assault states:
=New York
=
In New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
, assault (as defined in the New York State Penal Code Article 120) 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
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
, probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
for an extended time, and a permanent criminal record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a Class E felony
United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the ...
) if they have a previous conviction for the same offense. New York also has specific laws against hazing
Hazing (American English), initiation, beasting (British English), bastardisation (Australian English), ragging (South Asian English) or deposition refers to any activity expected of someone in joining or participating in a group that humiliates, ...
, when such threats are made as requirement to join an organization.
=North Dakota
=
North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
law states:
= Pennsylvania
=
In Pennsylvania, an offender can be charged with simple assault if they:
* injure someone else recklessly, knowingly, or purposefully
* accidentally injure someone with a firearm or weapon
* cause a needle-stick to an officer or correctional employee during a search or arrest
* threaten or intimidate someone causing fear of imminent serious bodily injury
A person convicted of simple assault can be ordered to up to two years in prison as a second-degree misdemeanor.
An offender can be charged with aggravated assault if the offender:
* demonstrates extreme indifference to the victim's life
* injures or threatens to injure a law enforcement officer, correctional officer, firefighter, police officer, or teacher on duty, or for incapacitating any of these individuals
A person convicted of aggravated assault can face up to 10 years in prison as a second-degree felony. However, if the crime is perpetrated against a firefighter or police officer, the offender may face first-degree felony charges carrying a penalty of up to 20 years in prison.
=Tennessee
=
In Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
assault is defined as follows:
See also
* Domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
* Gay bashing
Gay bashing is an attack, abuse, or assault committed against a person who is perceived by the aggressor to be gay, lesbian, bisexual, or transgender (LGBT). It includes both violence against LGBT people and LGBT bullying. The term covers v ...
* Hate crime
A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
* Mayhem
Mayhem most commonly refers to:
* Mayhem (crime), a type of crime
Mayhem may also refer to:
People
* Monica Mayhem (born 1978), Australian pornographic actress
* Jason "Mayhem" Miller, American mixed martial arts fighter
* Mayhem Miller (dra ...
* Offences against the Person Act 1861
Citations
General and cited references
*
External links
A guide to the non fatal offences against the person
{{Authority control
Crimes