Question
Elly buys a keychain that has a laser light attached to it. There is no warning label concerning the use of the laser. When the
Elly buys a keychain that has a laser light attached to it. There is no warning label concerning the use of the laser. When the on button is pushed on the laser, a beam of light is emitted that appears as a red dot. Elly brings the keychain to school and one of her classmates, Vic, asks her about how the laser works. Elly says, Hold still and see if you feel anything. Elly then points the laser light at Vics face, and Vic feels a stinging sensation in his eye. He also sees red. Elly is later convicted of battery under an old common law statute. On appeal, what policy arguments will the prosecutor make in order to persuade the trial judge to affirm the conviction on the grounds that there is sufficient evidence of the elements of the crime? I. The battery crime is based on the need to punish behavior that may lead to a breach of the peace or harm to the sacredness of the person. II. The offensive touching definition of battery receives widespread support in state statutes and this justifies the expansion of this form of battery in the context of an intangible force. III. The battery crime should protect against harms to the person caused by either tangible or intangible forces. IV.It is within common knowledge that a laser has the potential to touch offensively or to cause bodily injury.
A. I, II, III B. I, II C. I, III, IV D. I, IV
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