Also known as: technical assaults · assault
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that would satisfy the elements of assault except that the victim remains unaware of the attempt before it ends. Such conduct does not create liability for assault but may support recovery for intentional infliction of emotional distress when it intentionally causes severe mental suffering.
Maria raised a heavy flashlight and began swinging it toward Lee's shoulder while uttering a threat. An alarm sounded and she stopped the motion before Lee noticed the swing. Lee later learned of the near miss and suffered severe distress from the discovery.
Alex lifted a crowbar and swung it at Jordan's head while yelling. A bystander grabbed Alex's arm and halted the motion before Jordan turned around. Jordan later learned of the attempt and suffered severe emotional distress.
Luis slammed a door toward Mara's shoulder and kept his hand on the knob while making a threat. Mara never saw the initial swing because her back was turned. She later discovered the attempt and experienced severe emotional distress.
Select any source to read its text and confirm it supports the definition.
Taylor raised a metal pipe and lunged toward Riley's back while shouting. A coworker seized Taylor's arm and stopped the motion before Riley noticed anything. Riley later discovered the attempt and suffered severe distress.
Max raised a laptop over his head and stepped toward Lina while shouting a threat. Coworkers intervened and stopped the motion before Lina became aware of it. Lina later learned what had occurred and suffered severe distress.
Luis swung a pitchfork in a short arc toward Dana and stopped it a foot from her torso. Dana had her back turned and never saw the motion before it ended. She later discovered the attempt and experienced severe emotional distress.
Technical assault occurs when the defendant attempts harmful or offensive contact but the victim never becomes aware of the attempt before it ends. Ordinary assault requires that the victim actually experience imminent apprehension. The distinction matters because only ordinary assault supports a direct assault claim.
Supporting sources
Yes. Although it does not support an assault claim, the same conduct may support intentional infliction of emotional distress when it intentionally causes severe mental suffering. Courts have recognized recovery in such cases even without physical injury or completed assault.
Supporting sources
Victim awareness is the critical missing element. If the victim never perceives the attempt, no imminent apprehension arises and assault liability fails. Later discovery of the attempt may still produce the severe distress required for an emotional distress claim.
Supporting sources
…with his arrest for loitering outside a courtroom, one of the officers who made the arrest denied that there was such an assault. On the premise that the charges in the sixth paragraph could be read as referring to him, respondent was allowed to prove that he had not participated in the events described. Although…