In re P.D. - 216 Ariz. 336, 166 P.3d 127 (Ct. App. 2007)

Rule:

Ariz. Rev. Stat. § 13-1203(A)(3) provides that a person commits assault by knowingly touching another person with the intent to injure, insult or provoke such person.

Facts:

The juvenile court adjudicated P.D. ("Juvenile") delinquent for committing one count of aggravated assault for putting water from a urinal into a teacher-aide's soda. Juvenile appealed, arguing that placing urinal water in a drink was too remote an act to be a prohibited "touching" under § 13-1203(A)(3), and that to constitute a "touching" that was not person-to-person, an actor had to either: (1) employ an active and destructive tool or aid, or (2) apply a force directly onto the victim. The juvenile also noted that the State had failed to prove that urinal water was harmful.

Issue:

Did the juvenile court err by concluding that the Juvenile’s act constituted a prohibited "touching" under A.R.S. § 13-1203(A)(3)?

Answer:

No.

Conclusion:

The court disagreed with the juvenile's approach because: (1) there was no authority supporting such a restrictive view of what type of force or process an actor had to set in motion to constitute a "touching"; (2) there was no principled reason for adopting the proposed restriction, as assault under § 13-1203(A)(3) did not require a resulting injury to the victim; and (3) such an interpretation of "touching" could cause absurd consequences. Accordingly, the court held that a "touching" had occurred when the juvenile placed urinal water into the teacher-aide's cup and she subsequently drank from it.