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In Nevada, the elements for a claim of civil assault are:

  1. Intentionally placing another person in reasonable apprehension of immediate harmful or offensive touching;
  2. Offender intended to cause harmful or offensive touching;
  3. Lack of consent for the contact;
  4. The victim was put in apprehension of such contact; and
  5. Causation and damages.

Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865 (1989); In re Bradshaw, 315 B.R. 875 (Bankr. D. Nev. 2004); Burns v. Mayer, 175 F. Supp. 2d 1259 (D. Nev. 2001); Lerner Shops v. Marin, 83 Nev. 75, 423 P.2d 398 (1967); Yada v. Simpson, 112 Nev. 254, 913 P.2d 1261; Wright v. Starr, 42 Nev. 441, 179 P. 877 (1919);  Prosser and Keeton on Torts, § 10 at 43 (5th ed. 1984).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.