About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/rethtort9916 and id is 1 raw text is: TORTS 3D: INTENTIONAL TORTS TO PERSONS (DRAFTS) CHAPTER 1. DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED INTENT § 5. Assault Fla.App.2020. Cit. in ftn. to conc. op. (citing § 105 of T.D. No. 1, 2015). Criminal defendant appealed his conviction for aggravated assault while possessing and discharging a firearm, alleging that, although he fired a firearm through a window while he and his girlfriend were in a vehicle, the government failed to prove all elements of the crime of aggravated assault against girlfriend, because she testified at trial that she was not in fear of imminent violence at the time of the incident. This court affirmed, holding that, although the victim in this instant case did not herself feel fear, defendant's threats and actions were sufficient to create a well-founded fear of imminent violence in a reasonable person. Citing Restatement Third of Torts: Intentional Torts to Persons § 105, the concurrence noted that most jurisdictions did not require actual fear as an element of an assault claim, only that defendant's conduct created a reasonable anticipation of imminent harmful or offensive contact to the victim's person. Daniels v. State, 308 So.3d 212, 216. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALL