California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A technician, working on a remote communication tower, becomes frustrated with a faulty piece of equipment. In a fit of rage, he intentionally kicks the equipment, causing it to fall and strike a fellow technician who was working below, resulting in serious injury. The technician did not intend to hit his colleague. What is the most appropriate charge for the injury to the fellow technician?
- ABattery
- BReckless Endangerment
- CAssault
- DMayhem
Show answer & explanationAnswer & explanation
Correct answer: A. Battery
Battery is the unlawful application of force to the person of another, resulting in either a harmful or offensive contact. The technician intentionally kicked the equipment, and the injury to the colleague was a direct result of that intentional act, satisfying the transferred intent doctrine for battery.
Why the other options are wrong
- B. Reckless endangerment is a less severe charge and does not fully capture the direct harmful contact of battery via transferred intent.
- C. Assault requires apprehension of imminent harmful or offensive contact or an attempted battery; here, contact occurred.
- D. Mayhem requires specific intent to maim or disfigure, which is not present in the scenario.
Battery (Criminal)
The unlawful application of force to the person of another, resulting in harmful or offensive contact.
- Requires general intent (or transferred intent).
- Can be direct or indirect contact.
- Harmful or offensive contact is sufficient.
Memory trick: People's bodies are protected, don't touch without consent.