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Threatened Battery Assault Act

13 October, 2015 - 11:57

The criminal act element required for threatened battery assault is conduct that causes the victim apprehension of immediate harmful or offensive physical contact. In general, wordsare not enough to constitute the criminal act element required for threatened battery assault. 1 The words must be accompanied by threatening gestures. In addition, a threat of future harm or a conditional threat is not sufficient.  2 The physical contact threatened must be unequivocal and immediate. Some jurisdictions still require present ability for threatened battery assault. In others, only apparent ability is necessary; this means the victim must reasonably believe that the defendant can effectuate the physical contact. 3