Reply to 13 yr old MD boy arrested on assault charges

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Reply to "13 yr old MD boy arrested on assault charges "

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[quote=Anonymous][quote=Anonymous][quote]And under the law, we require a criminal "mens rea" or criminal mindset to convict of a criminal offense. I don't believe a 13 year old boy acting on a dare (a dare which could very well have come from a girl) has a criminal mens rea of assault. I think he is impulsive and immature and needs to apologize and understand he clearly crossed the line. And I also don't think the girl needs to testify in court. Bad plan.
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Why would you think he lacked the requisite intent?  Battery is intentional offensive touching of another person without permission or justification.  It is a general intent crime; the mens rea is that the person intentionally committed the act and did so without justification (such as self-defense). The boy acted intentionally and without legal justification.  I don't think he needs to go to jail for it, but he assaulted one of his classmates and should be punished.  He's old enough to know better.  [/quote]

Funny I thought you were arguing this was a sexual assault, with that degree of intent and that mens rea.  I must have misread about 30 posts.[/quote]

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