Review the example in "Example of Threatened Battery Assault Act". Change the example so that the gun that Diana grabs is Diana’s gun, and it is unloaded. Diana is aware that the gun is unloaded, but Dan is not. In this example, Diana probably has the intent required for threatened battery assault. Diana’s act of pointing the gun at Dan and cocking it, after making a verbal threat, indicates that she has the specific intent or purposely to cause apprehension in Dan of imminent harmful physical contact.
If Diana is in a state that only requires apparent ability to effectuate the contact, Diana has committed the criminal act supported by criminal intent for threatened battery assault. Note that Diana does not have the proper criminal intent for attempted battery assault if the gun is unloaded. This is because the intent required for attempted battery assault is the intent to cause harmful or offensive contact, which Diana clearly cannot intend to do with an unloaded gun.
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