Are paper airplanes next?

[Ohiogal]

I thought that wasn't a defense for torts.

Its a defense for taking torts in law school. Or even going to law school. Or, at least, it should be.

 

[VeronicaLodge]

Not to be a ballbreaker, but if the chalk hit the teacher, it's battery. If he threw it and missed, that's assault. It's the difference between actual contact and the fear of impending contact that differentiates the two.

so if her back was turned and she didnt see the pencil coming and it didnt hit her, could it really be either?

 

[You Are Guilty]

so if her back was turned and she didnt see the pencil coming and it didnt hit her, could it really be either?

Based on pure common law definitions, no. Current state penal codes may abrogate the common law though (i.e. "attempted assault" exists in some states). I'm sure someone who cares enough can check the PA code to see if it's one of them.