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sumgye t1_jaha366 wrote

Reply to comment by kiklion in Pols target NYC’s violent, repeat shoplifters with bill to protect retailer workers just like cops, firefighters by NYY657545

There are lots of ways to assault someone other than punching. Any intentional physical touch can be considered assault.

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NetQuarterLatte t1_jahvcwp wrote

>Any intentional physical touch can be considered assault.

You must be thinking of a different state other than NY.

Under NY Law, assault requires physical injury. If someone was merely touched, the prosecution will have a really hard time proving beyond all reasonable doubt there was injury caused by it.

Edit: for clarity, if this bill idea was enacted into law, merely touching a retail workers would hardly constitute assault because it requires physical injury, and this bill would make no difference in practice.

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ShadownetZero t1_jajeidh wrote

Copying my response to your other reply:

>While they are not labeled "assault", there are various different offenses that fall under that same article you listed that don't require injury.

>Arguing that it isn't assault because the offense isn't named "___ assault" in NY is pedantic.

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NetQuarterLatte t1_jajf56u wrote

I'll copy my reply here too:

>Arguing that it isn't assault because the offense isn't named "___ assault" in NY is pedantic.

It's not pedantic.

It's actually quite relevant to this news, because they are proposing changes to assault when committed against retail works.

They are not proposing changes to offenses that are not assault under NY Law.

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Methuga t1_jahbvfh wrote

Battery. Battery is the physical act

Edit: leaving this because I just learned something new: In New York, it’s all umbrellaed under assault. My b

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