law-assault civil cause of action
CIVIL ASSAULT CLAIM - ELEMENTS
The elements of assault are the same in civil and criminal suits. Hall v. Sonic Drive-In of Angleton, Inc., 177 S.
W.3d 636, 649 (Tex. App.—Houston [1st Dist.] 2005, no pet.); Morgan v. City of Alvin, 175 S.W.3d 408, 418
(Tex. App.—Houston [1st Dist.] 2004, no pet.). A person commits an assault if the person
(1) intentionally, knowingly or recklessly causes bodily injury to another, including the person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should
reasonably believe that the other will regard the contact as offensive or provocative.
Tex. Penal Code Ann. § 22.01(a) (Vernon Supp. 2010).
The common law tort of assault exists to redress personal injury caused by offensive physical contact or the
threat of imminent bodily injury. See Hall v. Sonic Drive-In of Angleton, Inc., 177 S.W.3d 636, 650 (Tex.App.-
Houston [1st Dist.] 2005, pet. denied).
The elements of assault are the same in both the criminal and civil context. Forbes v. Lanzl, 9 S.W.3d 895, 900
(Tex.App.-Austin 2000, pet. denied). A person commits an assault if the person: (1) intentionally, knowingly, or
recklessly causes bodily injury to another; (2) intentionally or knowingly threatens another with imminent bodily
injury; or (3) intentionally or knowingly causes physical contact with another when the person knows or should
reasonably believe that the other will regard the contact as offensive or provocative. TEX. PEN.CODE ANN. §
22.01(a) (Vernon Supp. 2004-2005); Forbes, 9 S.W.3d at 900.
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