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La. Rev. Stat. § 14:36 (2026)

Assault defined

✓ current as of May 2026
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§36.  Assault defined

Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.  

Acts 1978, No. 394, §1.  

Notes of Decisions
Cited in 128 cases (20 in the last 5 years), 1961–2026 · leading case: State v. Captville, 448 So. 2d 676 (La. 1984).
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State v. Captville, 448 So. 2d 676 (La. 1984). “R.S. 14:36, 37 and 38. The jury also apparently resolved against defendant the conflict in testimony as to the presence of the gun on the floor near the body when Williams first entered the apartment.”
State v. Ates, 989 So. 2d 259 (La. Ct. App. 2008). “R.S. 14:36. A battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.”
State v. De Gruy, 215 So. 3d 723 (La. Ct. App. 2017). “R.S. 14:36. 5 In order to support a conviction for assault, the State must prove beyond a reasonable doubt: (1) the intent-to-scare mental element (general intent); (2) conduct by defendant of the sort to arouse a reasonable apprehension of bodily harm; and (3) the resulting…”
State of Louisiana v. Quincy McKinnies, Jr., 171 So. 3d 861 (La. 2014). · cites it 2× “R.S. 14:36. The intentional use of force or violence upon the person of another constitutes a battery.”
State v. Bowman, 677 So. 2d 1094 (La. Ct. App. 1996). · cites it 2× “R.S. 14:36) or aggravated assault (La.R.S.”
State v. Rideau, 947 So. 2d 127 (La. Ct. App. 2006). · cites it 2× “R.S. 14:36. One of the prerequisites for proving an assault, as it relates to the second aspect of the definition of "assault," with respect to Officer Wanfluh was proving his reasonable *141 apprehension of receiving a battery.”
State v. Gardner, 204 So. 3d 265 (La. Ct. App. 2016). “R.S. 14:36. The elements of assault are (1) the intent-to-scare mental ele-' ment (general intent), (2) conduct by the |4defendant of the sort to arouse a reasonable apprehension of bodily harm, and (3) the resulting apprehension on the part of *268 the victim.”
Martin v. Am. Midstream Partners, LP, 386 F. Supp. 3d 733 (E.D. La. 2019). “R.S. 14:36 ; see also Rice v. ReliaStar Life Ins.”
United States v. Garner, 28 F.4th 678 (5th Cir. 2022). “R.S. 14:36 defines “assault” as “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery,” and La.”
State v. Ponsell, 766 So. 2d 678 (La. Ct. App. 2000). “R.S. 14:36. In State v. Schenck, 513 So.2d 1159 (La.”
State v. Hill, 106 So. 3d 617 (La. Ct. App. 2012). “14:18, Justification; general provisions The fact that an offender’s conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct.”
United States v. Alberto Garcia-Jimenez, 807 F.3d 1079 (9th Cir. 2015). “§ 21-5412 ; La.Rev.Stat. Ann. §§ 14:36, 14:37; Md.Code Ann.”
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