Stupe said:
I thought there was a post about this not being assault.
Assault isn't touching someone, it's making someone feel threatened or unsafe.
No conservative scholar anywhere has accepted that definition. That is complete leftist nonsense. Kind of like so-called "hate speech." Just a quick google search shows:
Assault is legally defined as an intentional act that causes another person to reasonably apprehend imminent harmful or offensive contact, or as an unlawful attempt with the present ability to commit such a violent injury. While traditional common law distinguishes it from
battery (which requires actual physical contact), many modern jurisdictions treat the terms together or define assault broadly to include the threat itself, meaning
no physical injury or contact is required to constitute the offense.
Key elements of the definition include:
- Intent: The act must be intentional rather than accidental, though the motive (e.g., a joke or malice) is generally immaterial.
- Reasonable Apprehension: The victim must believe that harmful or offensive contact is about to happen immediately, based on the offender's apparent ability to carry it out.
- Imminence: The threatened harm must be certain or likely to occur very soon; spoken words alone do not qualify unless accompanied by an act that creates immediate fear.
- Harmful or Offensive Contact: The contact threatened must be one that a reasonable person would find capable of causing harm or violating social standards of acceptable touching.
Verbal threats alone generally do not constitute assault under common law. The traditional legal principle, known as the "mere words" doctrine, holds that for an act to be considered assault, the words must be accompanied by a physical act or gesture that demonstrates a present ability to carry out the threat, such as raising a fist, brandishing a weapon, or making a threatening movement.
The core requirement for assault is that the victim experiences a
reasonable apprehension of imminent harmful or offensive contact. Words by themselves, no matter how offensive or threatening, are usually not enough to create this immediate fear of physical harm. For example, shouting "I'm going to get you!" from across the street is typically not assault.