Quote:
Originally Posted by flipper113  Not necessarily according to this:
"(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative."
She doesn't have to physically cause harm, but she can physically contact him and cause him to regard the contact as offensive or provocative. It's still assault. |
read it again--she had to know or have reasonable belief that the act would be regarded as offensive or provactive. If she did not know or realise or feel that it would be perceived as offensive then it's not assault. More or less you have to be able to prove that she knew or should have known. Or that her intent was to cause harm. So my scenario is valid--if this happened previously and let's say the OP's son laughed at someone else that had been depanted (this is just conjecture) then she could have assumed he thought it was funny or would think of it as a practical joke.
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