Posted by bjj1605
Posted by NE-1
Just cause I can't sleep. ...
"There are many behaviors and actions that can be classified as a battery, but any battery must involve physical contact with another person's body, clothes or even an "attachment" to their body such as an object in their hand. The physical contact can be done with a part of the defendant's own body (like a fist) or with an object controlled by the defendant. In all cases, the contact must be made on purpose."
Misdemeanor Battery (Simple Battery - Penal Code § 242)The prosecution must prove the following facts to convict a defendant of misdemeanor battery:Intent – the defendant intended to make physical contact with the victim Physical Contact – the defendant made actual physical contact with the victim, the victim's clothes, or something attached to the victim such as something in the victim's handViolent, Painful or Offensive Contact – in addition to violent or painful contact, non-violent contact that is nonetheless offensive to the victim can be charged as batteryNo Consent - the victim did not somehow agree to the physical contact
You're right though, misdemeanor battery on a woman, so not a big deal.
I love when people do this.
I don't know what state that code is from but it is literally different everywhere. For instance, in Illinois, there is only one circumstance where throwing something can be battery.
(3) Knowingly causes or attempts to cause a correctional institution employee or Department of Human Services employee to come into contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling the fluid or material, and the person is an inmate of a penal institution or is a sexually dangerous person or sexually violent person in the custody of the Department of Human Services.
Assuming she wasn't a "correctional institution employee" and that he wasn't "sexually dangerous person" this isn't battery by Illinois definitions.
More importantly, I'm not trying to be Khabilov's lawyer. I think what he did was kind of a douche move but not really anything to get worked up about.
Whether your state legally defines "throwing water" as battery or not is irrelevant to the conversation. By any common sense definition, throwing something is not initiating contact. You have to be physically touching.
Edit: Pretty much this
Posted by airkerma
Some 13 year chick threw soda on me in line for a roller coaster. It was annoying but I survived and didn't feel the need to press charges for assault or whatever definition you can assign to it, regardless of what the law says. If my gf was being a total bitch to someone and they dumped soda on her I would probably say she deserved it...my couch is comfy enough.
Y'alls crazy. Battery = intentional offensive touching in any place that gets its law from England. Pouring a drink on someone's head is a battery whether its a criminal penalty or civil tort.
If I punch you in the face, it is a battery. If I use a stick to hit you in the face, it is still a battery.
Flame Not, Lest Ye Be Flamed Yourself.