Is passing someone closely on a bicycle assault?
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Is passing someone closely on a bicycle assault?
Is passing a pedestrian on a bicycle on a bike path considered assault? I was passed closely by a person on a bike. I called them out about the incident and said I felt that was assault. The person on the bike denied trying to hit me or passing too closely.
Asked on May 20, 2018 under Criminal Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, this would not be assault. Any criminal act requires a criminal state of mind or "mens reas." Without an intention to assault you or use violence against you, there is no assault. The mental state of the biker is what matters, not your mental state (i.e. whether you thought he passed dangerously close).
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