I think you'd have a hard time making that case here...
Statute 21-3408: Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.
Assault is a class C person misdemeanor.
Statute 21-3412: Battery. (a) Battery is:
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) intentionally causing physical contact with another person when done in a rude, insulting or angry manner.
(b) Battery is a class B person misdemeanor.
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From the article;
" Rory Collins, police chief in the town located about 45 miles northeast of Charlotte, said Belcher wanted to press charges, which he hadn't expected. Belcher contends police would have charged him if he had touched a 74-year-old woman and that he didn't personally pursue charges.
And it doesn't matter if Parker was aiming for Belcher's mouth or cheek, Collins said.
"She might disagree with this, but it wasn't done as a show of affection," he said. "It was an unwanted touching."
Parker is due back in court Sept. 12. Simple assault is a misdemeanor and could bring a sentence of up to 30 days of community service for a first-time offender.
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Obviously, the LEO and the judge in this case, both saw it as an assault. Clearly, it was unwanted, thus an assault !
....And you did see the publication by the College of American Pediatricians, right ? So the potential for a dangerous assault was clear..
....For those interested in seeing the event..here are a series of videos from the event, posted on youtube.com .
Perhaps 'the kiss' is on one of them. I did notice how that gang tried to intimidate the preacher with some large people and dogs approaching and blocking him..but that's OK, as long as they keep their hands (and lips) off !