The prosecutor in a criminal case charges John with battery for hitting Dan in the face with a swinging door. Dan, the victim, is called as the only witness and testifies that John pushed the door open very fast. But then he adds that he does not believe that John knew he was on the other side of the door.
Should the judge find John guilty of criminal battery on Dan?
- A. Yes, because John intended to open the door and was careless.
- Sorry, but that's not the correct answer. Please select another.
- B. No, because John did not intend to hit Dan.
- B is correct. John is not guilty of a criminal battery on Dan because intent to cause harm is one of the elements of the offense. In this case there is no evidence that John intended to hit Dan with the door.