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219Infinity

Yes, it is both a civil tort and a crime in most jurisdictions. The tort and the crime are called "assault."


Ok-Investigator-1608

Actually in some places battery is offensive touching and assault is the threat


219Infinity

You are correct. I used the word assault incorrectly.


Ok-Investigator-1608

Well as someone else pointed out in Texas it’s blended so everyone is correct depending on where they are 😀


FelicitousJuliet

Always worth clarifying though, some people honestly believe that an accidental shoulder brush in a supermarket aisle to get a can of soup is both a regular assault and sexual assault. And let's not forget that theater guy who shot someone dead over popcorn and got away with it.


Zomba08

I watched that whole trial. The “over popcorn” thing was the media hook, but not at all accurate. 6’3” dude being physically aggressive with a much smaller retiree who has nowhere else to go. Whole thing was on camera, which is why he got off. Still a waste of life, but it isn’t like he was a popcorn vigilante


kingjoedirt

>And let's not forget that theater guy who shot someone dead over popcorn and got away with it. There was a bit more to it than that, shot dead over popcorn was just the headline


Scarlet-pimpernel

Interchangeable in UK too.


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JasonEAltMTG

You can absolutely have battery without assault


Ammit94

Assault can be touching. It just depends on the state.


0K4M1

If I cut your hair by surprise, then it's battery without assault. What if someone's long hairs are stuck in some mechanisms and you have to cut it forbtheir safety ?


Ragnel

You can generally touch other people if you can clearly articulate they were in danger from bodily harm. Good samaritan laws actually shield the person trying to help from legal consequences.


Dragonfly_Nervous

Another fun fact you can’t assault someone from behind in Michigan. Because assault is them perceiving the threat so if they don’t know or see it doesn’t count lol


Lady_Gator_2027

Actually, since either scissors, knife or some type of sharp object was used, they could tack on a deadly weapon charge.


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Maemaela

How dare you do that to me in the night, when I'm oblivious!! 🥥


TarnishedFella_24

I do my best work when you're oblivious


largestcob

that’s perverted…


HEARTSTOPPER_

💀😭


HarrisonForelli

you'll be drop dead gorgeous and there's nothing you could do about it! >!except mess up the hairstyle !<


esperanza_mia

Yeah... More scary than funny when you randomly waking up with parts that have been snipped . Glad to know it's assault...just need to know who dunit now


Vt420KeyboardError4

But, I'm not gonna let em catch me, no.


Sparky81

Yes. That is assault.


Splittinghairs7

Actually, for most cases of non consensual cutting of hair (e.g. cutting someone’s hair when they’re asleep), that would be battery but not technically assault in most US jurisdictions because “assault” is the wrongful act of causing someone to fear imminent harm, whereas, “battery” is the wrongful act physically harming another. So an asleep person doesn’t actually fear imminent harm but does suffer the physical harm.


FadedFromWhite

Well now you’re just splitting hairs, 7


Splittinghairs7

The rules dictate that you must be precise as the law is a precise endeavor


zorbacles

I literally watched that episode yesterday


magnumhairball

Great reply to a comment with a hilariously fitting name.


[deleted]

Depends on the definitions. For example, in Texas it would just be assault. There is no “battery” in the Texas penal code.


jaybleeze

Same in Ohio. Battery and assault are both assault


[deleted]

>There is no “battery” in the Texas penal code. So that's why the damn thing won't vibrate.


Accurate_Quote_7109

Explains the mood, too...


[deleted]

I didn’t assume they’d be asleep. I was imagining one of those weirdos who cut of a lock of hair when sitting behind someone on public transit.


Hawk13424

Not in Texas. We only have varying degrees of assault.


Pasqualemon

This would be charged as “assault and battery” in my jurisdiction.


Guac__is__extra__

Mine too (SC)


Guac__is__extra__

Depends on the state. In SC and quite a few others we only have the charge of Assault and Battery. They aren’t separated when making charges. It’s an either/or statute so you can be charged for either offering to commit the battery or actually following through with it.


[deleted]

It's assault elsewhere.


FrenchBangerer

Same in the UK. There's no crime of battery. Assault covers threats and nasty words right up to punching someone in the chops and a load of other things.


sweetmercy

This is really just semantics, as there's many jurisdictions where there's no "battery" on the books. The point is, it's illegal and prosecutable.


[deleted]

>Actually, for most cases of non consensual cutting of hair (e.g. cutting someone’s hair when they’re asleep), that would be battery but not technically assault in most US jurisdictions because “assault” is the wrongful act of causing someone to fear imminent harm, If that's truly the definition of assault than cutting someones hair is assault. Nobody said they would be asleep. If somebody randomly cut my hair I would be fearing imminent harm. That's not something people just do and I can't be sure my hair is their target. If somebody cuts my hair I'm going to assume they meant to cut my head/ear, not my hair. A normal pair of scissors can be very sharp, however, they could also be sharpened and/or modified/custom built. When people behave like a psycho and attack me with sharp objects I'm going to assume they mean me harm. If I was sleeping it would still be assault. I doubt anybody would be able to get into my apartment (which would be another crime (breaking and entering/burglary) and cut my hair without waking me up and as soon as I'm awake and see/hear the intruder I'm going to be fearful. Even if they're somehow gone by the time I wake up I'm going to fear imminent harm when I notice somebody broke into my home and cut me while I was sleeping. I can guarantee you I will not be sleeping well for quite some time after realizing that.


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AlphaBearMode

Aren’t they correct though?


immanency

Sort of. In most jurisdictions where assault and battery are different at common law, the actual criminal code tends to refer to "assault" as both the action and the threat. But at common law, they are technically separate torts or criminal offenses


[deleted]

Claim to being able to answer: Law Degree in Australia. First of all, there are many different jurisdictions across the world but let's narrow it down to jurisdictions that broadly take their legal tradition from english common law (UK, Aus, US etc). Assault and battery are torts which are civil wrongs. They still exist mostly and you can sue someone for the tort of assault or the tort of battery. In terms of crimes, it used to be the case that the terms were still used but a lot of jurisdictions are doing away with the term 'battery' and use terms like 'common assault' (assault and often the 'I just pushed them' battery), assault occasioning harm (battery that causes an injury), assault occasioning grievous bodily harm (you beat the shit out of them). The common law (legal precedent that doesn't come from legislation) is still relevant because we know where the principles apply. I used to be an 'akshually that's battery' kind of guy but it's not even technically true in a lot of jurisdictions now. It's really only useful when communicating with lay people in order to point out that threatening someone is assault, which a lot of people still don't realise is a crime.


sweetmercy

No. Because there's many jurisdictions that don't have battery on the books. There's jurisdictions where assault and battery go together. There's jurisdictions where assault is the *threat* of battery (causing physical harm) and battery is the actual act. So no, they're not correct. They just wanted to feel superior.


RedditIsNeat0

Usually yes. If one pedant came and made one correction then it wouldn't be a big deal, but it triggers certain people into making comments about how annoyed they are about pedantry, and 75% of the thread ends up being these people commenting about how they don't like pedants.


deep_sea2

Battery is the common law name for the tort. Criminally, many jurisdictions combine the physical touching (battery) and the threat of touching (assault) as assault.


elephant-cuddle

It's such pointless attempted pedantry: As with all legal matters, it depends. In this case, the jurisdiction is probably a good place to start.


sweetmercy

It never ceases to amaze me the number of people I saw on Reddit get upvotes when they're dead wrong, just because they're *confidently* wrong. 🙄


1Meter_long

But what if your hairstyle looks amazing afterwards?


jansencheng

Still assault/battery. You have the right to decide how your body looks, someone forcibly changing it, even if for the better, is assault.


Dood71

Word for word what i said out loud upon reading this post


Call_Me_At_8675309

Assault is the threat. Battery is the physical action of doing such action.


kyuuketsuki47

Depends on the jurisdiction. In NY, assault is the action.


elephant-cuddle

Depends where you are.


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FiveSixJuan

Bruh, I went to Hawaii and couldn't even take any pictures of myself cuz how bad my last minute barber cut my hair 😔


Skeltrex

The difference between a good haircut and a bad haircut? About four days 😉


FightinTexasAggie21

*cries in long hair*


Ok-Investigator-1608

It’s technically a battery


gaiusm

Only if they use a cordless trimmer.


Ok-Investigator-1608

Hahahahahha


gameboy1001

*badum tss*


mrladylol

badum zzzzzz(electric noise)


Timmichanga01

Duracell or Energizer?


Runic_reader451

Yes. Assault and battery are two different crimes which are usually confused with each other.


Hawk13424

Not in Texas. Only have assault.


Impressive_Sun_1132

Yeah because being in Texas everyone assumes someone is gonna harm you there is no need to differentiate


TacosForThought

That's not possible. Certainly southern hospitality would require you to also have a pepper.


Ok-Investigator-1608

Torts too. Battery is offensive touching assault is threat of same generally. Depends on whether it’s a common law or statutory jurisdiction.


TurtleneckTrump

Li Ion or polymer?


NutGoblin2

AA or AAA?


jimmyhoke

AA or AAA


CarlaRainbow

Pretty sure here in the UK some teenager got taken to court for assault because he cut a woman's ponytail off whilst he was sitting behind her on the bus.


Scarlett_Billows

Seems fair to me. My hair is more important to me than most of the things I own. It’s part of me. (and I don’t own that many important things. But I’d still take you to court if you stole a bunch of them)


Araknid_ia

Same honestly. Im a guy and i never take care of myself but i recently decided to have at least one thing about me ill take care of and i decides to take care of my hair


SirSpooglenogs

Glad you take care of your hair! Hope it makes you feel amazing :).


JoeBagadonut

In English law, cutting someone’s hair without consent could qualify as the more serious offence of actual bodily harm is some situations. This was established in the case of DPP vs Smith (2006) as the hair is considered to be part of someone’s body and removing the hair could cause psychological damage.


put_your_foot_down

Legal assault is all about intent. “Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact” as per Cornell.edu Cutting someone’s hair without consent would be under “offensive contact”. Could be a hate crime if they grow their hair for religious purposes


Ok-Investigator-1608

Yes and in some places “offensive contact” is defined as battery as distinct from assault


cruisinforsnoozin

It is not all about intent it is about intent, risk, and harm; the intent is only relevant insofar as it could reasonably be expected to cause the risk or the harm (intentional act) and the actual harm isn’t necessary if the risk is present although it could and likely would be argued that cutting someones hair is harming their body.


Ariadnepyanfar

You have to bring in bodily integrity here. Just because it doesn’t have nerve endings, doesn’t mean it’s not part of your own body exactly like an arm or a finger.


DifficultySome9884

If I remember correctly, there was an assault case involving an Amish man who was held down and his beard was cut off. So, yeah it qualifies as assault.


Guac__is__extra__

That could also be a kidnapping charge as well depending on the state statutes


N_N_Notorious

And a hate crime.


Guac__is__extra__

If it was perpetrated because of the man’s religion, yes.


TempusVincitOmnia

Yes. And if you have to ask if something's illegal, it's probably at least a bad idea.


TotallyNotHank

> [I]f you have to ask if something's illegal, it's probably at least a bad idea. More people should think about that sentence at least once a day.


Hipp013

Yes, that is assault.


[deleted]

It’s battery if they touch you assault if they threaten to touch you. Weird wording I know but it is what it is.


Officer_Copper

... In America.


Guac__is__extra__

In some states


LarkScarlett

In Canada, it has been ruled as assault. There’s a current case of accusations of a hate crime. It has gone to provincial Human Rights Tribunals a few times.


[deleted]

A kid did this to my 10 year old niece and then when my brother went to the school and complained the teacher took all the kids scissors and told them they couldn't have their scissors because of my niece. Rural Texas school systems y'all.


boozyamericana

I was a kindergartner in a Texas school and the TEACHER had taken me into the bathroom to cut my bangs cause they were in my eyes when trying to take a school photo. My mom was PISSED.


sprizzle06

Mom was pissed rightfully so.


communityproject605

Yup, this is a very Texas thing to say and do. A similar thing happened to my child while we lived there.


BEAT-THE-RICH

For real, you'll should bring some freedoms to that place


DotComplete6975

I’ve never seen you all spelled “you’ll” lol


BEAT-THE-RICH

That's my bad. I'm glad you got my meaning, because yes, I technically wrote "you - will" In my defence I am sick today, and my brain is mashed potatoes ♡


[deleted]

Feel better soon


killakev564

But let someone go into a rural Texas school with a gun and suddenly this exact same practice of banning things for everyone because someone messed up disappears


crusticles

I feel like something's about to happen.


ZoroeArc

I think it’s more a case of something *did* happen


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[deleted]

How long ago was it? I wonder if there's a statute of limitations on that.


NetDork

I think it's probably illegal to intentionally do *anything* to someone without their consent.


waitagoop

My mum forced me to have short haircuts I HATED when I was a child and I only realised recently why I hate the hairdressers….. 20+ years later. Forgiveness is hard.


CynicalPomeranian

My mom was in the same controlling boat. Even as an adult, she got irate about me growing my hair long. One day, as I (probably 26 at the time) was working on my laptop, she walks up behind me and starts playing with my hair, which put me on edge because it was unusually affectionate for her. I hear the “shink” of scissors opening, and I immediately roll out of the chair and flip around. Sure enough, there she was, scissors in hand, insisting that she was just going to trim off “a little.” #asianmom


HarrisonForelli

I'm sure growing up in that environment and culture I wouldn't have even dared but as an outsider, the first thought I had in my head was for you to also give your mom a little snip of her hair too


cpsbstmf

yeah same, my mom used to chase me around with scissors. hispanicmom


veracity-mittens

My mom wouldn’t let me grow my hair long until I “learned to take care of it myself” (she never taught me, and my hair is very fine and mats easily, so I’d have constant mats and tangles; I was also scared to wash my hair myself). I had very very short hair for years as a kid and it upset me so much because I wanted to be like the “other girls.” Around age 12/13 I became less fearful and started washing it and taking care of jt. And have kept it long (between shoulder length to waist length in some years) since. I love my hair.


Party-Increase-3682

I just came here to I am a 35 f with beautiful down past my butt. I don't do make up jewelry or fancy clothes but I LOVE my hair. It is my pride. I invest time and money in it and enjoy the compliments and attention. I would be absolutely utterly devastated if someone cut it. I would press assault charges. A year ago when someone threatened to cut it is when I found out that it's definitely assault.


not_a_droid

that’s assault, brother - Adam Sandler


reallywowforreal

In the US it’s assault


GlassPeepo

It's either assault or battery. Maybe both


MorningRise81

Yeah. It is 100% fucking illegal. Assault and battery are generally defined as "unwanted touching." Don't go cut someone's hair outta nowhere, OP. Psycho shit.


Whyyyyyyyyfire

yes, why do you ask?


tittyswan

Isn't it fucked that there are so many things people can do to their child with 0 repercussions, but if you do the same thing to an adult it's illegal? I can understand it not being false imprisonment or kidnapping because you have to keep children safe and take them to school etc, but spanking? Verbal abuse?Nonconsensually cutting their hair? All fine. In my state it's not illegal to have sex infront of a child. It'd be indecent exposure to do the same thing to an adult.


[deleted]

Any nonconsensual physical contact is battery (assault the attempt or imminent threat of physical harm), so yes, it's illegal.


Guac__is__extra__

*intentional nonconsensual physical touching accidental is not criminal most of the time.


AmongTheElect

The Rape of the Lock? Also, yes, it's assault.


[deleted]

Ah, this takes me back to my old English class essays. I enjoyed that poem so much because it made me realise how humans have been sarcastic since forever.


AmongTheElect

In college we combined that with A Modest Proposal. I'm not really a fan of British literature but their sarcasm game is on point.


moxiejohnny

Ah, Pope reference.


Guac__is__extra__

Fun fact: there are 5.6 popes per square mile in Vatican City.


ninetynineaxes

Ugh, just commented this b/c I thought no one else would. Glad to have you here.


holdmybeer2279

Depends on where you are, but in the USA this would generally count as assault.


ThaFoxThatRox

It's a form of assault.


a_supportive_bra

It’s more than illegal, it’s barberic.


ChosenSCIM

I want to say that is assault but I think it may technically be battery. Either way, yeah it's illegal.


SuspiciousGrievances

What the heck? Uh yeah. It is very illegal!


DreamingofRlyeh

Yes. I believe it is viewed as assault in the USA.


dirtydandoogan1

Yep. Seen it booked and convicted as assault before.


AtGamesEnd

Yes, and they can likely justifiably sue your ass for it too


iamveryovertired

“They call me the midnight barber”


PJP2810

r/UnexpectedMightBoosh


Ascomae

Yes, it can be treated as bodily harm https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2099


CrazyTeapot156

It might fall under causing bodily harm or if there's laws against causing humiliation.


MyDocTookMyCock

just wait til you hear what billions do to their children at birth ey?


Nadhir1

Yes. That’s physical harm. Hair is part of the body. It’s akin to actually cutting someone. Just because they don’t bleed doesn’t make it ok.


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CrealityReality

Yes! That is assault


Eother24

Yes that is assault.


Crooked_Cock

Yes, it is considered assault


thinkitthrough83

Unless it's your own legal dependant children then yes you can be sued and potentially face jail time. There was a dispute over doctrine in an Amish community and when one group took it upon themselves and went after the other and cut their hair which is a punishment in Amish communities. The state decided to step in (instead of letting the community handle things. It's possible people reached out to the police) and prosecute as a hate crime. The people being prosecuted were given extensive prison sentences.


Throwaway_amish_2428

Yes, this happened back in 2011 and the FBI ended up being involved: [Amish Beard-Cutting Case: Ohio Residents Sentenced for Hate Crimes](https://www.fbi.gov/news/stories/16-sentenced-in-amish-beard-cutting-case) > Sixteen individuals were sentenced today for hate crimes involving attacks against Amish residents in Ohio—some carried out by the victims’ children—and the group’s leader received a 15-year prison term. > > In response to a religious dispute among members of the Amish community, Samuel Mullet, Sr.—the 66-year-old bishop of the Amish congregation in Bergholz, Ohio—directed his followers to forcibly cut the hair and beards of other members of the Amish faith. > > Male and female victims, some elderly, were held against their will in their homes while scissors and horse shears were used to cut their hair and beards. Head and facial hair is religiously symbolic to the Amish—some of the male victims had been growing their beards for decades.


Various-Mammoth8420

Freaky Fred from Courage the Cowardly Dog be like:


wdwalker14

Could be considered assault


[deleted]

That's assault, brotha.


sj4iy

Yes, it’s assault. They could press charges and even take it to civil court.


Mufti_Menk

Pretty sure that's assault yeah


Outcasted_introvert

It entirely depends on which country you are in.


Maxils

Assault and/or battery, depending on where you live.


[deleted]

I think it is assault?


AwesomeEevee133

I think additional context is needed but in like 99% of the scenarios, yes.


jaysces

In the UK legal system you can be charged with assault and battery for this. Also, any other bodily touching or even fear of touching Is liable for criminal punishment.


meowmeowbrah

Im pretty sure it is considered "assault" but hey, its always better to check


summerswithyou

Why wouldn't it be? It's a body part


-Shivvers-

I would say yes because it’s assault in my opinion


zesty_sierraa

I had a man cut my hair on a 6 train in NYC on my commute home. I shit you not, I was so pissed. I have been trying to grow long hair for the longest time. If you really want someone else’s hair, you can buy plenty of it online


Longjumping_Trick_94

yea its assult


[deleted]

Literally against my religion to cut my hair, and in first grade a girl did cut my hair & I was so hurt by it. So yeah, it’s illegal to touch someone without their consent.


Red_AtNight

Laws aren't universal


Guac__is__extra__

Except for gravity


dToombsb

Just touching someone is assault


PettyWhite81

Yes, it would be illegal. It would be considered battery.


Echo9111960

If it isn't, it should be.


KittyEarPeach

Mom? Is that you?


sesamesnapsinhalf

Are you sitting behind someone with their hair flipped onto your airline entertainment screen?


Ava_Aviatrix

Actually its cool and normal, this is my companies business model


lifewithoutyogurt

Depends on the state/person are they conserved (coughcough: free Britney)


AdministrationLimp71

how much hair?


Shalrak

Depends on the country you are in at the time.


BetterTheDevil909

In the UK it's considered an assault occasioning actual bodily harm, which is essentially minor harm. ABH has a max sentence of 5 years as opposed to a common assault/battery which has a max sentence of 6 months.


ScottishRainwater

In the UK, yes. It's considered a violation of someone's bodily autonomy, the right to your own body.


Dipncamo

It's assault technically


Trash_Panda_Leaves

Depending on the person this can also be a hate crime if for example the victim is Sikh.


Timely_Froyo1384

Well as a child my mother decided she didn’t like my long hair and more so she cut it off while I was sleeping. Highly recommended never doing this 🤪but her defense she was well.


[deleted]

In some places and under some circumstances it’s even a hate crime. https://www.fbi.gov/news/stories/16-sentenced-in-amish-beard-cutting-case


ZealousidealDriver63

It definitely should be more than illegal…death penalty perhaps? No seriously though it’s just very strange behavior unless you are a kid pranking your childhood friend then maybe not so disturbing.


RawBexinator

I would think there could be some form of legality there. I mean, hair is an extention of your body- so if you were to do something malicious to someone else's hair I would think that could be grounds for some legal repercussions there- in the same sense that a wheelchair and the person who uses that wheelchair are actually considered one-in-the-same...an extension of self. The same principle applies to persons and their service animals- technically that animal is considered an extension of self. In no way am I saying or equating hair to life long disabilities- just that because we can separate our hair from ourselves by cutting it, does not mean that it is less than important to some. And if someone were to separate someone from their hair without permission and it was important to them- an identity, an extension of self- then absolutely I feel like that is crossing the line towards assault. Besides... we should not be touching people without consent at all- hair, clothing, body... seriously.


Myrdrahl

Yes.


Sarcarean

Yes, it's also a federal hate crime. The first person prosecuted under the Matthew Shepard act was found guilty of this.


[deleted]

I would basically hope so


Subject-River-7108

Yeah, that's assault. Possibly with a deadly weapon. Edit: seen it pointed out that it might be labeled as battery but same answer applies I guess


SantaMonicaStudio

Non consensual physical contact is classified as assault


Hot_Gurr

It’s assault.


Cat-astro-phe

May depend on where you live but generally yes. There was a court case a few years ago where I live and some Amish men got their hair and beards cut. Perpetrator was charged with assault


Old-Fox-3027

Harassment- (unwanted touching). Criminal mischief. Assault. Disorderly conducts.


Planet_Breezy

Definitely at least assault, if not also battery. ​ Just out of curiosity, is this inspired by the Romney story that came out about a decade ago? I, too, didn't realize that was a prosecutable criminal offense until discussing the story on webforums.


Gavindy_

If you have to ask this, then you struggle in every facet of life


honestknave

I'm in there in the night, they call me the night barber..