50
votes
Accepted
Why does the victim have to press charges?
Criminal charges are filed and prosecuted by the government, on behalf of the public, and there is no requirement for approval or cooperation by the victim. As a policy matter, a DA may decide to not ...
- 217k
44
votes
Is it legal to ask to be shot?
If the act itself is illegal, I think request itself could be illegal under incitement laws. For example in Montana:
45-8-105. Criminal incitement.
(1) "Criminal incitement" means the advocacy ...
- 711
44
votes
Accepted
Is it legal to ask to be shot?
You may legally ask someone to shoot you, or do all sorts of other things to you. There are no laws against asking or various kinds of speech: laws restrict the doing. If you ask a person to shoot you ...
- 217k
12
votes
Is dry humping sexual assault?
Most states have two parallel sets of sexual assault statutes. One set punishes sexual assaults involving sexual penetration that has greater penalties. The other set punishes sexual assaults ...
- 240k
10
votes
Why does the victim have to press charges?
Just to add a different legal perspective:
In Germany, it can indeed be necessary to "press charges" for a prosecution to happen. This is because German law distinguishes between Offizialdelikt (...
- 8,815
9
votes
Why does the victim have to press charges?
So, what I think is happening is that the victim is necessary to the case in order to prosecute the accused individual. I haven't looked at the video, but it seems from the description that the man ...
- 23.2k
8
votes
Accepted
Why can security guards/bar bouncers physically remove a person and it's not considered battery?
I'm based in England, but I'm sure the principle is similar in Canada.
The night club or concert venue is private property. When someone owns or rents private property one of the main things they ...
- 902
8
votes
Will Smith physically assaulted Chris Rock at an awards ceremony. No charges pressed by Rock. Can someone else?
Yes
The Prosecutor for the local jurisdiction could formally file charges. No complaint by Rock is legally required, and given the video evidence available, Rock's testimony might not be as essential ...
- 115k
7
votes
Accepted
Assault in an airplane aisle
IMO this is a perfectly reasonable question, amenable to a common law analysis: (1) indicates that A has committed the tort of false imprisonment (Restatement of Torts, 2d, §35). Because of 2-4, we ...
- 217k
7
votes
Pressing Battery Charges
As I understand it: Battery is the act of intentionally touching or applying force to another person such that the person suffers harm or offense.
More or less.
Q1: What is the correct verbiage to ...
- 227k
7
votes
Is it illegal to throw water or soda on people?
Yes.
It is a crime almost everywhere to throw something at someone, even if it causes little or no injury. Usually it would be classified as "assault and battery" although if it damages clothing or ...
- 240k
5
votes
Accepted
In Iowa why is there are harsher punishment for causing serious injury without intent than with intent?
I think you should read this section in conjunction with 708.4:
Any person who does an act which is not justified and which is
intended to cause serious injury to another commits willful injury,
...
- 31.1k
5
votes
Difference between felony assault of an adult vs felony assault of a minor?
In the US, there are no laws against surgical circumcision with informed consent (and I don't know of any such laws in any other country). Parents are generally allowed to grant surrogate informed ...
- 217k
4
votes
Accepted
How can I tell what is meant by "assault", as opposed to "battery"?
You have accurately summed up the conundrum. There is little else to say. You need to accept that there is confusion, even within the law itself, and rely on context to establish in any given instance ...
- 240k
4
votes
Is it legal to ask to be shot?
I mean I highly doubt that there is a law specific enough to make such an action illegal, but you would definately be sent to a psychologist for an evaluation.
It is possible that your accomplice ...
- 201
4
votes
Is it legal to ask to be shot?
I can foresee this being very jurisdiction-specific! I note that the question is tagged "Nevada". In the UK though, the shooter would likely be arrested for grievous bodily harm or actual bodily ...
- 2,797
4
votes
What is poisoning?
canada
In Canada, the offence that could potentially cover the action in the hypothetical is called "Administering a noxious thing" found at s. 245 of the Criminal Code:
245 (1) Every ...
- 72.7k
3
votes
Accepted
Trying to find definitions for "bodily harm" and "Great bodily harm" in Florida law
The question is not firmly settled under Florida law.
Wheeler v. State, 203 So. 3d 1007 addresses the issue w.r.t. Fla. Stat. §827.01(2), now §827.03(1)(a)3 and the crime of aggravated child abuse, ...
- 217k
3
votes
Difference between felony assault of an adult vs felony assault of a minor?
The difference is one of intent and consent. In the linked question, the act was presented with no suggestion of benevolent intent on the part of the actor (and no hint that you were in fact talking ...
- 115k
3
votes
Accepted
When in consent necessary for touching someone?
The Criminal Code says:
(1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person,
directly or indirectly
Touching ...
- 217k
3
votes
Accepted
What is the status of mutual combat in the USA?
An example of where this is not allowed is Seattle, WA. Municipal code SMC 12A.06.025 states
It is unlawful for any person to intentionally fight with another
person in a public place and ...
- 217k
3
votes
What's the difference between a police report and a signed complaint? (in US/IL/CA) (apropos Highland Park mass shooting)
In my opinion, the news report is mischaracterizing the situation, either because the person who provided the information was confused or sloppy, or because the reporter was confused (it is impossible ...
- 240k
2
votes
What is the status of mutual combat in the USA?
12A.06.025 - Fighting.
A. It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:
Injury to a person who is not actively ...
- 31
2
votes
Accepted
Is an act of battery/assault - characterized as an 1st Amendment opinion - itself protected speech?
You have a conflict of rights - freedom of expression vs freedom from harm. Freedom from harm wins - this is a crime and arguing a first amendment right to punch someone in the face is not going to ...
- 227k
2
votes
Pressing Battery Charges
It isn't up to you to press charges. Watch any TV show involving criminal courts. The case is always read as
The People vs. Joe Badguy
Because a criminal charge isn't you vs. them, it's the ...
2
votes
Expungement alternative for wrongful arrest?
There isn't a "one time" expungement rule in Virginia.
Under Section 19.2-392.2, a person whose charges have been nolled can file a petition for expungement. The statute does not limit this ...
- 61.8k
2
votes
Accepted
Providing additional evidence to prosecutor
You could provide evidence either to the law enforcement officer on the case, or to the prosecutor. The prosecutor will decide which evidence to present at trial if there is a trial. Sometimes a ...
- 240k
2
votes
What is poisoning?
england-and-wales
Generally, to administer any poison or other destructive or noxious thing with intent to endanger life or inflict grievous bodily harm (GBH), or to injure, aggrieve or annoy any ...
- 19.3k
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