In Oregon Battery requires contact even with a bare open hand.

"If you get so mad at your neighbor that you go up to him with a baseball bat and say you'll knock his brains out. you have committed the tort of assault."

Here that is Menace. Through word or action to cause a reasonable person to believe that they are in immediate danger of serious injury or death.

Offensive and / or unwelcome non-injurious touching and grabbing is considered Harassment UNLESS such action forces the victim to be moved five or more feet against their will.

Just copy pasted this from here(linky) :

Quote:

In most states, an Assault & Battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

So looks like you both may be right in this case

You know this whole area needs to be divided into states.

chuckle if you like...I've read the actual statute...I know what Im talking about.

Also, this is a discussion about ridiculous things that are illegal and laws that are redundant...discussions about the finer points of the law are best carried into the law library.

Now Im gonna go hunt whales from the back of my pickup truck...its legal ya know...in California

(a)A person commits assault in the first degree if he or she recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person.

(b)Assault in the first degree is a Class A misdemeanor.





(a)A person commits battery in the third degree if:

(1)With the purpose of causing physical injury to another person, the person causes physical injury to any person;

(2)The person recklessly causes physical injury to another person;

(3)The person negligently causes physical injury to another person by means of a deadly weapon; or

(4)The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to another person by administering to the other person, without the other person's consent, any drug or other substance.

(b)Battery in the third degree is a Class A misdemeanor.





(a)A person commits battery in the first degree if:

(3)The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life;


Just sayin!

Crossfire I was just hunting whale today in the back of my pickup truck. Caught me a hum dinger of a sperm whale.

So returning to the purpose of the thread...

In the state of Massachusetts...

It is illegal to give beer to hospital patients.

Candy may not contain more than 1% of alcohol.

At a wake, mourners may eat no more than three sandwiches.

Shooting ranges may not set up targets that resemble human beings. (I almost understand the why of this one)

Snoring is prohibited unless all bedroom windows are closed and securely locked.

An old ordinance declares goatees illegal unless you first pay a special license fee for the privilege of wearing one in public.

Taxi drivers are prohibited from making love in the front seat of their taxi during their shifts.

All men must carry a rifle to church on Sunday.

BUT...

Hunting on Sundays is prohibited.

A woman can not be on top in sexual activities.

No gorilla is allowed in the back seat of any car.

Children may smoke, but they may not purchase cigarettes.

Quakers and witches are banned.

Massachusetts liquor stores can only open on Sundays if they are in Berkshire, Essex, Franklin, Middlesex or Worcester counties and are within 10 miles of the Vermont or New Hampshire borders.

It is illegal to go to bed without first having a full bath. (Good rule, bad law)

However, an old law prohibits the taking of baths on Sunday. (I wonder how they avoid breaking the law at bed time?)

and check this out...

No one may take a bath without a prescription. (Just how do they enforce this law anyway?)

(Off topic remarks removed)