Texas: Assault for a Tap on the Arm

By Larry Habegger | Permalink | No Comments | February 21st, 2006 | Trackback

The Lone Star State often likes to think of itself as a separate country, and to a certain Australian grandmother it probably feels that way. When the woman sitting next to her in a movie theater in Webster began talking on her cell phone instead of turning it off when it rang, the Australian politely tapped her arm to get her attention. When the woman ignored her she tapped her arm again, only to receive a torrent of abuse before the Texan stomped out. But a moment later the grandmother was confronted by embarrassed police who informed her she was being charged with assault. Under Texas law, simply touching someone can be construed as assault if the person “knows or should reasonably believe that the other will regard the contact as offensive or provocative.” The “assault” cost the woman $150, a price she chose to pay rather than extend her stay in Texas by four weeks to go to trial.

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