Also known as: apprehension of imminent contact · assault · reasonable apprehension
Written by attorneys · grounded in primary & secondary sources — see below
The mental state of fearing imminent harmful or offensive bodily contact that constitutes an essential element of the tort of assault. The belief must arise from the actor's conduct and concern contact with the victim's own person unless prevented by self-defense, flight, or outside intervention.
Alice Atkins stood inches from Adrian Aguilar in a narrow hallway and raised her fist while shouting that she would strike him immediately. Adrian believed the blow was about to land and stepped back in fear. Alice is subject to liability for assault because her conduct created the required apprehension of immediate contact.
Aisha Ahmed was prosecuted for sexual assault after an alleged attack on Amber Alonzo. The prosecution offered evidence that Aisha had committed a similar assault two years earlier. The court admitted the evidence under the applicable rule because it was relevant to whether Amber experienced apprehension of immediate contact during the charged incident.
Select any source to read its text and confirm it supports the definition.
Alfred Ashford swung a baseball bat at Ariana Azizi while she faced the opposite direction and remained unaware of the motion. Ariana never formed any belief that contact was imminent. Alfred is not liable for assault because the victim lacked the necessary apprehension before the attempt ended.
Apollo Energy was sued civilly after one of its employees allegedly assaulted a contractor on site. The plaintiff offered evidence that the same employee had committed another sexual assault the previous year. The court permitted the evidence because it bore on whether the plaintiff experienced apprehension of immediate contact during the incident at issue.
Apex Dynamics security guard raised a baton toward Ashford Manufacturing employee but slipped and fell before completing the swing. The employee had already seen the raised baton and believed immediate contact would follow. The guard remains liable for assault because the employee formed the required apprehension even though the attempt was frustrated.
Arcadia Retail customer saw a store employee reach for a nearby object but did not believe the motion would result in contact with her own body. The customer therefore experienced no apprehension of immediate contact. The employee is not liable for assault because the victim lacked the belief that contact would occur unless prevented by defensive action.
The plaintiff must show a genuine belief that harmful or offensive contact with his or her own person is about to occur. The belief must arise from the defendant's act and concern imminent contact that can be avoided only by self-defense, flight, or outside intervention.
Supporting sources
No. The victim need only become aware of the attempt before it ends. Awareness can come from any sensory means that produces the belief in imminent contact.
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No. Once the victim forms the necessary apprehension of immediate contact, subsequent termination or frustration of the attempt does not relieve the actor of liability.
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…with his arrest for loitering outside a courtroom, one of the officers who made the arrest denied that there was such an assault. On the premise that the charges in the sixth paragraph could be read as referring to him, respondent was allowed to prove that he had not participated in the events described. Although…