jailor_serry t1_j5l8f73 wrote on January 23, 2023 at 8:19 PM

Reply to comment by SunstruckMorning in Four Men Toss Deer Urine On Woman And In Aisles At Walmart In Gettysburg: Police by jillianpikora

Assault is essentially the “act” of harming someone without physical contact. Battery is physical contact causing harm.

In this situation, if the people had a bottle of “deer urine” and pretended like they were throwing it, that’s assault. Physically throwing it and making contact is battery.

30686 t1_j5lg37a wrote on January 23, 2023 at 9:06 PM

Not according to the Pennsylvania Crimes Code.

Offensive physical contact is assault.

Simple assault, 18 Pa.C.S. 2701, includes "attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another." "Aggravated assault" in Pennsylvania, 18 Pa.C.S. 2702, basically involves serious bodily harm or an attempt to do so.

There is no separate crime of battery in Pennsylvania. "Battery" is subsumed in the assault statutes. Other states may have different laws on assault and some do have a distinct crime of "battery."

"Battery" traditionally means an offensive physical contact, and is basically a civil tort concept. If I punch you in the face in Pennsylvania, I will face a criminal assault charge, and you can file a civil lawsuit for money damages, based on battery.