Bodily Injury Crimes Whether actual or threatened

Battery Separate and apart from assault Defined as unwanted and unjustified offensive touching Has to be more than offensive (spanking) but also unjustified In some states spitting qualifies Mens rea extends to reckless and negligent contact

The significance of injury Necessary Severity may determine whether a felony or misdemeanor is charged Severe injuries or injuries caused by special circumstances (pit bull attacks) merit felonies MPC states that a felony follows if serious injury results from use of a deadly weapon or from intentional, reckless, or knowing conduct in circumstances shoving extreme indifference

Assault Depending on the state, attempted or threatened batteries Touching the victim is unnecessary Separate offenses can cover attempts and threats

Attempted Battery Assault Defendant has the specific intent to commit a battery and takes substantial steps to complete But doesn’t get to any touching

Threatened Battery Assault “Intentional scaring” Purposefully trying to intimidate someone with the threat of bodily injury without the intent to complete the touching The victim must have a reasonable fear of immediate harm Threat can’t be conditional

Domestic Violence Escalating concern A widespread, pervasive problem across American society Not limited to husbands abusing wives But was Darlene abused (threatened) in Hamilton v Cameron?

Stalking A recent phenomenon Millions suffer, many severely Started in California after a series of murders The intent was to make illegal conduct which falls short of assault or battery, before the victim is assaulted or battered

Stalking Actus Reus While laws vary from state to state, commonalities can be found Conduct must be repeated Must involve maintaining some type of visual or physical proximity Many require some type of threat Many list specific acts which support charge

Stalking Mens Rea Need specific intent Some type of mental attitude is necessary but considerable variation exists Some states require subjective fault, the accused intended or was reckless with respect to the victim’s bad result Others just require objective fault, they should have known, the bad result would follow

What bad result? The victim’s necessary fear is defined in four different ways: 1) need both subjective (this victim) and objective (typical, reasonable person) 2) just subjective 3) just objective, or 4) the defendant intended to cause fear

Cyberstalking Use of the internet, , or other electronic communication devices to stalk another person through threatening behavior At first just limited to Now a big chunk of stalking victims From the anonymity of their home to the presumed safety of yours