Juliette is the top equestrian in the state and is out riding her horse, Biscuit, in preparation for an upcoming competition
Sarah is the second-best equestrian in the state and really wants Juliette to "break a leg" so that she cannot compete in the state championships. While Juliette is riding, Sarah swings a large tree branch and hits Biscuit right in the chest. Juliette is not hit by the branch, but she is violently thrown off the horse and suffers several broken bones. Can Sarah be charged with battery? Why or why not?
Answers will vary by student. Battery is unlawful offensive touching of another without consent. Not every statute requires injury, however. In addition, some courts have expanded the definition of battery to include actions that fall short of even physical contact. Criminal statues do not always spell out mens rea. It could be argued that by striking Biscuit Sarah was using force or violence against Juliette or intentionally causing bodily harm to another Juliette. In many states battery does not occur without physical injury. In this instance Juliette suffers several broken bones.
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