Statutes | Title 24 MLBSA Chapter 1 Subchapter 3 Part B ยง 251 | 2018
(a) A cause of action may be brought for assault or assault and battery. An assault is any willful and unlawful attempt or offer with force or violence, to hurt the person of another. It is any act of such a nature as to create an apprehension of battery. Words alone are not enough to constitute an assault. The apprehension must be one which would normally be aroused in the mind of a reasonable person. Battery is any willful and unlawful use of force or violence upon the person of another. Person includes any part of the body or anything so closely attached thereto that it is customarily regarded as a part thereof.
(b) Assault or battery is justifiable in the follow cases:
(1) When necessarily committed by a police officer in the performance of any legal duty or by any other person assisting him or acting by his direction
(2) When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody
(3) When committed either by the party about to be injured, or by any other person in his aid or defense in preventing or attempting to prevent an offense against his person or any trespass or other unlawful interference with real or personal property in his lawful possession provided the force or violence used is not more than sufficient to prevent such offense
(4) When committed by a parent or the authorized agent of any parent, or by any guardian or teacher in the exercise of a lawful authority to restrain or correct the child, ward, or student, provided restraint or correction has been rendered necessary by the child's refusal to obey the lawful command of such person, and the force or violence used is reasonable in manner and moderate in degree
(5) When committed by any person to prevent any insane person, or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person.
(c)(1) The damages recoverable for assault are those for the plaintiff's mental or physical injury, or both. The establishment of the cause of action, without proof of harm, entitles the plaintiff to recover at least nominal damages.
(2) Proof of contact with the plaintiff's person entitles him to recover at least nominal damages. The establishment of this cause of action entitles him also to compensation for the mental disturbance inflicted upon him as well as for any physical harm that may arise.
Historical and Statutory Notes
Source: Band Statute 1144-MLC-5, T.II, §§4, 39, 40.
Cross References
Children and families, see 11 MLBSA §1 et seq.
Criminal assault and battery, see 24 MLBSA §1101, 1102.