Revisiting the “Thin Line of Intent” in Horseplay vs. Assault Cases
On September 21, 2023, I published an article on a recent ruling from the Commission that delved into the horseplay/assault dichotomy. The case was Ocasio v. Camping World RV Sales, LLC, JCN VA00001870099 (Sept. 11, 2023) and the Commission’s ruling further entrenched already established black-letter law: The dispositive factor in distinguishing between horseplay and assault is the perpetrator’s intent. If the intent was to simply play a prank, with no intention of causing bodily harm, it’s horseplay (and vice versa for assault). The distinction between horseplay and assault is significant because categorizing a case as a horseplay case or an...
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