Originally Posted by
jsloan
Under 49 USC §46506, any crime under 18 USC §113 that occurs on an airplane is prosecutable as a federal offense. 18 USC §113(a)(5) covers simple assault, which can include unwanted touching.
In other words, Davis's own words make him appear guilty. Assault does not require intent.
Now, I wasn't there, and the fact that the FA appears to have reconsidered the matter suggest that he reflected further and decided that it was much ado about nothing. But, a good rule of thumb is not to go around touching other people without permission.
It's been awhile since I took criminal law, but wouldn't this be potential battery? Assault creates a reasonable fear of imminent offensive contact. Here, the FA wasn't looking in Davis's direction and didn't know they were going to be touched until it happened. That said, I don't think any jury would convict Davis of battery since the prosecution would have to prove "harmful or offensive contact" since what constitutes harmful or offensive is judged under a reasonableness standard. I don't think a reasonable person would find a light tap to the shoulder or arm in this context to be harmful or offensive.
That said, I think it's a bad idea to touch anyone, FA or not, without their permission.