A pitcher is on the baseball field and throws a ball towards a bantering fan behind a metal fence. There is a loose part in the fence and the ball goes through the fence and travels right by the fan. Does this action constitute as an assault or is it lacking "present ability?"
Sounds like a weird question but it was asked in my law class.
2007-10-30 11:59:48 · 2 answers · asked by Adam S 2 in Politics & Government ➔ Law & Ethics
I would think it would constitute a battery since the pitcher knew or should have known that his actions could cause physical harm to another.
2007-10-30 12:03:44 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Goes to intent, if pitcher knew that ball could go through fence, then yes. Still, if his intent was to cause imminent apprehension of harm (in Washington) it is assault even if the ball didn't hit him and even if the pitcher believed the ball would not actually hit him. Present ability to complete the act of causing harm is irrelevant only the intent to cause imminent apprehension of harm is considered in this Jx. I hated law school.
2007-10-30 12:08:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋