Question: 1 / 245

What is the men's rea of battery as determined in Venna (1976)?

The intent to cause fear or apprehension

Recklessness towards causing physical harm

Either intention or recklessness to apply unlawful force

The correct answer is the option that states either intention or recklessness to apply unlawful force. In Venna (1976), the court clarified that the mental element required for battery encompasses both the intention to apply unlawful force and recklessness in doing so. This means that a person can be found guilty of battery if they either intend to cause harm or are reckless regarding the potential of causing harm to another individual through their actions. The ruling demonstrates that the law does not require the perpetrator to have a deliberate intent to harm; rather, a conscious disregard for the risk their actions pose also satisfies the mens rea necessary for a battery charge. This broadens the scope of liability under battery laws, thereby capturing a range of behaviors that could result in unlawful physical contact.

Deliberate intent to harm the victim

Next

Report this question