In a fraternity house, Alex, a senior, sees Steve, a freshman, lying on the couch sound asleep. Alex knows Steve will be late for an important class if he is not awakened. Alex grabs Steve by his genitals until Steve wakes up. Steve later sues Alex for battery. What is the likely result?
a. Steve has no claim. But for Alex waking him up, he would have missed his class.
b. Alex will prevail because he did not commit a harmful or offensive touching.
c. Alex will prevail because Steve was asleep most of the time in which the touching occurred.
d. Steve will prevail because this was an intentional harmful or offensive touching by Alex.
D
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