Laws against OCing people in Georgia?

[Danny]

So you'll believe it...

16-5-23. Simple battery


(a) A person commits the offense of simple battery when he or she either:

(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

(2) Intentionally causes physical harm to another.

For some reason i am still not sold on this. I have been told by several instructors that OC is below hitting someone. I just cant wrap my head around OC being physical harm. TO me harm is something that lasts longer than an hour or two.

I am trying to find a good physical harm definition. Ill post what i find.

Thanks again for your posts bricks, much appreciated man!

[Brick]

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

key word reasonable. IE you have to make your point to a jury. If a violent driving person, that then threatens me with violence (although within his car) is plenty of reason to believe its a credible threat. And retaliating with OC spray to prevent further harm to both parties would be acceptable. At least that would be my case.

Have to remember every time you see the word "reasonable" in law code, you are immediately in a huge gray area.

I have been told by several instructors that OC is below hitting someone. I just cant wrap my head around OC being physical harm. TO me harm is something that lasts longer than an hour or two.

BODILY INJURY - A cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary. 18 U.S.C.

You have to be able to articulate that you felt you were in immediate danger of receiving physical violence before you are able to take action. You are not going to be able to receive any form of physical violence from a person sitting in a car (unless he decided to spray you first), therefore you are not in immediate danger. It would be a weak case.


OC is "below hitting someone" on the use of force continuum. However, the use of force continuum is not what is used to determine whether simple battery, battery, etc. has occurred. It is for LEO use of force. Bodily harm and injury are the same. Cuts, abrasions, etc. are signs of Battery and are listed under your definition of bodily injury. However, there does not have to be any sign of physical harm for simple battery to apply. Simple battery could be something as silly as pouring water on someone you are in an argument with to provoke them. Using OC on someone would absolutely qualify as making physical contact in an insulting of provoking nature.