Originally Posted by
Clemson
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.
Sorry, you're correct, of course -- it's battery; I got hung up on the OP's claims that the FA "falsely accused [Davis] of assault."
And I agree that,
as presented by Davis, the story doesn't sound like it would be prosecuted. But that still doesn't meant that the FA made false accusations.
Originally Posted by
Clemson
That said, I think it's a bad idea to touch anyone, FA or not, without their permission.
Definitely.
Incidentally, I can't find an applicable code for battery, only for maiming, although I may just be missing it.