Nov 13, 2024
9:29:03am
9:29:03am
In Utah, a person commits an assault if he "commits an act, with unlawful force
or violence, that:
(i) causes bodily injury to an individual; or
(ii) creates a substantial risk of bodily injury to an individual." Utah Code 76-5-102
I'm an attorney, but not a criminal attorney and not a Utah attorney (so bear that in mind), but it sounds like his actions falls squarely under the category of creating a substantial risk of bodily injury. While I don't see a men's rea specified in the statute (i.e., "knowingly," "recklessly," "negligently," etc.), I would presume that it is sufficient that he intended his action in throwing the water bottle and would have and should have been aware of the danger. He does not need to have intended to have hurt anyone specific, he just needs to have intended his action that created a substantial risk of bodily injury to another.
(i) causes bodily injury to an individual; or
(ii) creates a substantial risk of bodily injury to an individual." Utah Code 76-5-102
I'm an attorney, but not a criminal attorney and not a Utah attorney (so bear that in mind), but it sounds like his actions falls squarely under the category of creating a substantial risk of bodily injury. While I don't see a men's rea specified in the statute (i.e., "knowingly," "recklessly," "negligently," etc.), I would presume that it is sufficient that he intended his action in throwing the water bottle and would have and should have been aware of the danger. He does not need to have intended to have hurt anyone specific, he just needs to have intended his action that created a substantial risk of bodily injury to another.
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I don't think we know enough about the young man to know how he should be dealt with. Is he a good kid who did something
Nov 13, 7:08am
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Nov 13, 7:57am
This sort of thing makes me think of the story President Hinckley shared in conference about the woman who had a frozen
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