Whoever commits an assault and battery upon another shall be punished.
Intentional Assault and Battery
In order to prove a defendant guilty of assault and battery, The Commonwealth must convince a jury, beyond a reasonable doubt of the following elements:
- That a defendant committed a touching
- First, the Commonwealth must prove beyond a reasonable doubt that the defendant engaged in a touching, however slight. This means that in this particular case, a jury must be satisfied that the Commonwealth proved applicable facts.
- That a defendant intended to engage in the touching
- The second element the Commonwealth must prove is that the defendant intended to commit the touching. A jury may or may not infer the defendant's intent by considering all of the facts and circumstances, as well as evidence of defendant's conduct, offered during the trial.
- That the touching was harmful or offensive
- The third element the Commonwealth must prove is that the touching was harmful or offensive. A harmful touching is a touching which is physically or potentially physically harmful. An offensive touching is an affront to a person's integrity.
- Committed without justification or excuse.
- Fourth, the Commonwealth must prove that the battery was committed without justification or excuse. An example of justification is a physical examination by a doctor. An example of excuse is a situation where a person sees another in danger, reaches out, and while removing the other person from an oncoming vehicle, touches that person's breast. In this case, the Commonwealth must prove the absence of justification or excuse beyond a reasonable doubt.
Reckless Assault and Battery
There is a second way in which a person may be guilty of an assault and battery. Instead of intentional conduct, it involves reckless conduct that results in bodily injury. In order to prove a defendant guilty of having committed an assault and battery by reckless conduct, the Commonwealth must prove two things beyond a reasonable doubt:
- Actions that caused physical or bodily injury to the victim
- The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant engaged in actions that caused the victim physical or bodily injury. The Commonwealth must prove that the injury interfered with the alleged victim's health or comfort. The injury need not be permanent, but must be more than transient and trifling. For example, an act that only shakes up a person or causes only momentary discomfort would be transient and trifling.
- Actions amounted to wanton and reckless conduct.
- The second element the Commonwealth must prove beyond a reasonable doubt is that a defendant's actions were wanton and reckless. It is not enough for the Commonwealth to prove that a defendant acted negligently — that is, acted in a way that a reasonably careful person would not. It must be shown that a defendant's actions went beyond mere negligence and amounted to recklessness. A defendant acted recklessly if they knew, or should have known, that the conduct involved would likely cause substantial harm to someone, but they ran that the risk rather than alter such conduct.