美国侵权法中殴打的构成要件如题,急求谢谢,如果英语水平高的,或者帮忙翻译下面的英文:A. Definition: Bat
美国侵权法中殴打的构成要件
如题,急求谢谢,如果英语水平高的,或者帮忙翻译下面的英文:
A. Definition: Battery is the intentional infliction of a harmful or offensive bodily contact.
(Example: A intentionally punches B in the nose. A has committed battery.) [10]
B. Intent: It is not necessary that D desires to physically harm P. D has the necessary intent for battery if it is the case either that: (1) D intended to cause a harmful or offensive bodily contact; or (2) D intended to cause an imminent apprehension on P’s part of a harmful or offensive bodily contact. [10]
Example 1: D shoots at P, intending to hit him with the bullet. D has the necessary intent for battery.
Example 2: D shoots at P, intending to miss P, but also intending to make P think that P would be hit. D has the intent needed for battery (i.e., the "intent to commit an assault" suffices as the intent for battery).
C. Harmful or offensive contact: If the contact is "harmful" – i.e., it causes pain or bodily damage – this qualifies. But battery also covers contacts which are merely "offensive," i.e., damaging to a "reasonable sense of dignity." [10]
Example: D spits on P. Even if P is not "harmed" in the sense of being caused physical pain or physical injury, a battery has occurred because a person of average sensitivity in P’s position would have her dignity offended.
D. P need not be aware: It is not necessary that P have actual awareness of the contact at the time it occurs. [11] (Example: D kisses P while she is asleep. D has committed a battery.)