- A demonstration of an unlawful intent by one person to inflict immediate injury on the person of another then present; an intentional attempt by a person, by force or violence, to do an injury to the person of another; an attempt to commit a battery, or any threatening gesture showing in itself or by words accompanying it an immediate intention, coupled with the present ability, to commit a battery. 6 Am J2d Asslt & B § 3. An act, other than the mere speaking of words, which directly or indirectly is the legal cause of putting another in apprehension of an immediate and harmful or offensive contact, rendering the actor civilly liable, if he intends thereby to inflict a harmful or offensive contact upon the other or a third person or to put the other or a third person in apprehension thereof, and the act is not consented to by the other, or otherwise privileged. Restatement, Torts § 21(l). The prolonged, excessive, and emotionally distressing interrogation of a civilian by a sergeant assigned to the Army's Criminal Investigation Division, which interrogation results in the temporary insanity of the civilian, constitutes an "assault" which is expressly excepted from the coverage of the Federal Tort Claims Act. United States v Hambleton (CA9 Wash) 185 F2d 564, 23 ALR2d 568. As the term "assault" appears in an exception, in a life or accident insurance policy, which relieves the insurer from liability for injuries or death sustained in such an altercation, it imports fault on the part of the insured. 29A Am J Rev ed Ins § 1201. See aggravated assault; civil assault; criminal assault.
Ballentine's law dictionary. Anderson, W.S.. 1998.