Is passing someone closely on a bicycle assault?
Question Details: 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.
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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