In an assault, which statement describes a required element?

Study for the Community Peace Officer Induction Program 15 Test. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In assault, what makes the act criminal is that force is applied or threatened to be applied to another person without that person’s consent. The lack of consent is what renders the contact unlawful and creates the assaultive element, because the person has not agreed to be touched or put in fear of harm. If there was consent to the contact, it would not be assault. The other examples involve damage to property, breaking and entering, or theft—offenses that relate to property rather than the unwelcome, threatening or actual contact with a person. So the important element is that the act occurs without the victim’s consent.