tag:blogger.com,1999:blog-1138570918413841323.post886597723723160798..comments2024-02-23T03:29:54.261-05:00Comments on The Unreligious Right: HOT5 Daily 2/28/2010UNRRhttp://www.blogger.com/profile/17093711439992855042noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1138570918413841323.post-10589577027436326092010-02-28T17:59:33.612-05:002010-02-28T17:59:33.612-05:00I think that was an exaggeration to make a point. ...I think that was an exaggeration to make a point. But I'm not sure that hugging a total stranger might not result in a battery charge. You can't just go up and grab someone.<br /><br />Also, I would never underestimate what some overzealous prosecutor might be capable of.UNRRhttps://www.blogger.com/profile/17093711439992855042noreply@blogger.comtag:blogger.com,1999:blog-1138570918413841323.post-9901035964599896412010-02-28T16:13:58.486-05:002010-02-28T16:13:58.486-05:00The "Atlas, Shrugging" blogger to whom y...The "Atlas, Shrugging" blogger to whom you links says: "Ever had someone you barely know come up to you and give you a hug, and you’re thinking a simple “hello” would have suited you better? That’s battery in Florida."<br /><br />Uh, no, probably not really. <br /><br />In law, in general, battery is an offensive or harmful touching, basically an unwanted touching. IMO, the language of the Florida penal code, confusingly leaves out the concepts of "offensive" or "harmful" (maybe it was written by criminal defense lawyers because the more confusing the law the more you need lawyers):<br /> 1. Intentionally touching or striking another person against their will; or<br /> 2. Intentionally causing bodily harm to another person.<br /><br />Although, actually, the "against their will" part does go to the offensive, unwanted or harmful nature of the crime. But I can see how a non-lawyer or non-police officer could think that someone hugging you when a simple "hello" would have sufficed constitutes battery in Florida. But (and I studied criminal law in law school decades ago, never practiced criminal law and am unfamiliar w/Florida's laws so take what I say with a grain of salt) IMO, there is not a snowballs chance in Florida in August ;) that someone would ever be convicted (or prosecuted or even arrested) in these circumstances.<br /><br />Sure I guess if my neighbor comes up to me and gives me a hug when a simple "hello" would have done, she has met one of the required elements of #1 above: she intended to touch me (i.e., she intended to hug me). But has she met the second element of #1? Has the hugged me "against my will?" How does she know? How do the police and the prosecutors know? I suppose if I specifically say, "Mrs Jones, do not come any closer and try to hug me with those flabby arms of yours," there might be a case to make against Mrs Jones (might being the operative word). <br /><br />But here is what would probably happen if I call the police on Mrs. Jones (whether I said something or not): absolutely nothing. Well, no, I take that back what happens is that whoever takes my call has a great water cooler story about the crazy lady who doesn't like people hugging her!!!<br /><br />I can say, without a doubt, that I have no fear of being arrested for misdemeanor battery should I decide, the next time I visit Florida, to hug people I barely know (or, even strangers!). And, I will do so with a clear conscience.anthilldownhttps://www.blogger.com/profile/00516261651238711866noreply@blogger.com