Also known as: intentional frightening assault · intentional fright assault · assault · apprehension assault
Written by attorneys · grounded in primary & secondary sources — see below
A criminal offense or intentional tort committed when an actor intends to cause another person to apprehend an imminent harmful or offensive bodily contact and the other person experiences that apprehension. Liability attaches upon proof of the actor's purposeful conduct and the resulting fear in the victim.
Ibrahim Iqbal enters a bank and points a loaded pistol at Ingrid Innes while she stands in line. Ingrid freezes in terror believing the gun will fire at her immediately. The act satisfies the elements of intentional-frightening assault because Ibrahim acted to create the apprehension and Ingrid experienced it.
Prosecutors charge Igor Ito with intentional-frightening assault after he commits a sexual assault by brandishing a knife at Imani Idowu in a parking lot. The court admits testimony that Igor committed a similar sexual assault against another victim two years earlier. The evidence is relevant to show Igor's intent to cause apprehension in the current case.
Select any source to read its text and confirm it supports the definition.
Imran Iyer swings a knife toward Idina Iverson from behind a pillar but she never sees the motion. Idina continues walking unaware of any threat. No intentional-frightening assault occurs because the victim must become aware of the attempt before it ends.
Ingrid Innes sues Ivy Investments after its security guard repeatedly simulates firing a gun at her during a protest in a manner constituting sexual assault. The court permits evidence that the same guard committed an earlier simulated shooting constituting sexual assault against another protester. The prior act helps prove the guard intended to cause imminent apprehension in Ingrid.
Igor Ito lunges at Imran Iyer with a raised fist but a bystander grabs his arm before contact. Imran sees the lunge and fears an immediate blow. Intentional-frightening assault liability exists even though the attempt was stopped.
Imani Idowu raises a baseball bat and steps toward Ibrahim Iqbal who believes a swing will follow unless he flees. Ibrahim turns and runs in fear. The belief that contact is imminent unless avoided satisfies the apprehension element of intentional-frightening assault.
Intentional-frightening assault requires the victim to experience actual apprehension of imminent harm even if no contact occurs. Attempted-battery assault focuses on an unsuccessful effort to make contact. Both forms require intent but the frightening variety turns on the victim's resulting fear.
Supporting sources
Words alone are usually insufficient unless accompanied by conduct that makes the threat of imminent contact credible. A conditional threat such as pointing a gun while speaking can satisfy the requirement when it produces the necessary apprehension.
Supporting sources
Yes. The victim must believe that harmful or offensive contact is about to occur unless prevented by flight or defensive action. Mere fright without that belief in imminence does not complete the offense.
…for parents to allow student to possess firearm at school); Straight Shooter: Gov. Casey's Reasonable Plan to Control Assault Weapons, Pittsburgh Post-Gazette, Mar. 14, 1994, p. B2 (proposed bill); Bailey, Anti-Crime Measures Top Legislators' Agenda, Los Angeles Times, Orange Cty. ed., Mar. 7, 1994, p. B1, col. 2…