Section 2.4 Defendant’s Conduct

• Library: Tort Law 2016

2. (§2.4) Defendant’s Conduct

The second element of an assault is the defendant’s conduct indicating an intent to cause bodily harm, offensive contact, or apprehension of either. Phelps v. Bross, 73 S.W.3d 651, 656 (Mo. App. E.D. 2002). Actual violence or contact is not required to establish this element. Id. "Rather, the assault is complete if the intent, with the present means of carrying it into effect, exists, and preparations therefor have been made." Id. For example, in Phelps, the court held that...