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1. Ted and Daniel are at a restaurant. Mitch approaches from behind and, thinking Ted is someone else, he playfully reaches out to smack Ted
1. Ted and Daniel are at a restaurant. Mitch approaches from behind and, thinking Ted is someone else, he playfully reaches out to smack Ted lightly on the shoulder. Ted has Mitch arrested for battery. On these facts, Mitch will likely be: A. Convicted, because he intentionally slapped Ted, an offensive touching. B. Convicted, because there is an eyewitness and battery is a strict liability offense. C. Acquitted, because Mitch's mistake as to Ted's identity negates the mens rea. D. Acquitted, because the slap was not serious enough to cause pain
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