Definition of assault

(1) A person makes an assault and battery upon another person if, without the other person’s consent, and with the intention of causing harm, pain, fear or annoyance to the other person, or of exciting him to anger, he forcibly touches the other 68 person, or causes any person, animal or matter, to forcibly touch him. (2) This definition is subject to the following provisions– (a) Where the consent of the other person to be forcibly touched has been obtained by deceit, it suffices with respect to intention that the touch is intended to be such as to cause harm or pain, or is intended to be such as but for the consent obtained by the deceit would have been likely to cause fear or annoyance, or to excite anger. (b) Where the other person is insensible or unconscious or insane, or is by reason of infancy, or of any other circumstance, unable to give or refuse consent, it suffices with respect to intention, either that the touch is intended to cause harm, pain, fear or annoyance to him, or that the touch is intended to be such as would be likely to cause harm, pain, fear or annoyance to him, or to excite his anger, if he were able to give or refuse consent, and were not consenting. (c) The slightest actual touch suffices for an assault and a battery if the intention is such as is required by this section. (d) A person is touched within the meaning of this section if his body be touched, or if any clothes or other thing in contact with his body or with the clothes upon his body is touched, although his body is not actually touched. (e) For the purpose of this section, with respect to intention to cause harm, pain or annoyance, it is immaterial whether the intention be to cause the harm, pain, fear, or annoyance, by the force or manner of the touch itself, or to forcibly expose him, or cause him to be exposed to harm, pain, fear or annoyance, from any other cause.