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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 716485" data-attributes="member: 2426"><p>What exactly are you talking about now? Did you read the code sections that have been posted?</p><p></p><p>The text of the code is:</p><p></p><p>(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.</p><p></p><p>That isn't how someone "feels", but is is whether that person has a reasonable fear of being injured. That type of language is quite common in law. It is also necessary. If assault was based on how that individual person "felt", then a person could be found guilty of assault simply because they walked to a baseball field with a baseball bat and someone who they didn't talk to and didn't approach was afraid of them. If assault was based on a strict list of actions, then threatening to hit someone with a baseball bat might be a crime, but threatening to hit them with a lead pipe might not be. A "reasonable person" or "reasonable apprehension" are not uncommon terms in laws.</p><p></p><p>The statute that EE78 posted appears to make it illegal under any circumstance to point a gun at another person. As I said, even in a stage play you would technically be violating that statute. Assault is based on a "reasonable apprehension of immediately receiving a violent injury". Pointing a gun at a person in a play is against the statute, but wouldn't cause a reasonable person to fear that the other actor is going to harm them. Rushing toward someone while yelling and holding a machete in the air would case a reasonable person to fear.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 716485, member: 2426"] What exactly are you talking about now? Did you read the code sections that have been posted? The text of the code is: (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. That isn't how someone "feels", but is is whether that person has a reasonable fear of being injured. That type of language is quite common in law. It is also necessary. If assault was based on how that individual person "felt", then a person could be found guilty of assault simply because they walked to a baseball field with a baseball bat and someone who they didn't talk to and didn't approach was afraid of them. If assault was based on a strict list of actions, then threatening to hit someone with a baseball bat might be a crime, but threatening to hit them with a lead pipe might not be. A "reasonable person" or "reasonable apprehension" are not uncommon terms in laws. The statute that EE78 posted appears to make it illegal under any circumstance to point a gun at another person. As I said, even in a stage play you would technically be violating that statute. Assault is based on a "reasonable apprehension of immediately receiving a violent injury". Pointing a gun at a person in a play is against the statute, but wouldn't cause a reasonable person to fear that the other actor is going to harm them. Rushing toward someone while yelling and holding a machete in the air would case a reasonable person to fear. [/QUOTE]
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