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To: peyton randolph

Yes battery is touching another against their will. Sounds simple and absolute.

Now let’s explore that a little more. A burglar enters your house at night you shove them out the door. It’s against their will, but did you commit a battery?

Your child throws a tantrum and you grab them and take them to their room. You certainly can batter a child but is that battery?

You are at a crowded concert thousands are pushing and shoving, you don’t like it you even complain, but are thousands of batteries taking place?

You are about to punch someone and a police officer grabs you, it’s against your will, the statute doesn’t mention police officers, was it battery?

At the supermarket someone bumps into you with their shopping cart. Battery?

You help a child out of a ditch and they and their mom both kiss you unexpectedly. Battery?

You’re a reporter crowding around a candidate, other reporters push you out of the way to get closer. Did they commit criminal battery against you?

-— Obviously there is more to the battery statute and prosecutions than the wording of the statute. There are defenses, and justifications, and a concept called de minimis (minor) infractions.

That is why every time someone touches someone else it’s not a battery and it’s not charged.

Last example, a fat person sits next to you on the train, pushing into your space and leaning against you? Battery?

Circumstances folks.


19 posted on 03/29/2016 4:37:12 PM PDT by Williams (Dear God, please save us from the Democrats. And the Republicans.)
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To: Williams

..Circumstances folks...
From the replies, you can tell who the lawyers here are.


32 posted on 03/29/2016 5:44:17 PM PDT by Sasparilla (Hillary for Prosecution 2016)
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