Can You Get Arrested for Threatening to Hurt Somebody if They Touch You

[sassykenzie1]

My question involves criminal law for the state of: Ohio.

Today, my friend was getting made fun of in a "friendly" way, so she smacked the other girl lightly on the nose. The other girl said, "Don't touch me. I will bash your head in. Don't ever touch me again."

If the police were to get involved, would both of them get arrested or only one?

[Dogmatique]

Sounds like a couple of teens being ... well, teens. This would typically mean no arrest would be made.

[flyingron]

The "touching" doesn't fit into the category of assault or battery under Ohio law. It has to cause physical harm or be in other ways offensive.

The threat to "bash your head in" isn't assault under Ohio law. Unlike other states, the threat of harm by itself is not criminal.

[sassykenzie1]

Thank you, everyone. The situation has since been taken care of without many other problems.

[jk]

The "touching" doesn't fit into the category of assault or battery under Ohio law. It has to cause physical harm or be in other ways offensive.

The threat to "bash your head in" isn't assault under Ohio law. Unlike other states, the threat of harm by itself is not criminal.

“Smacking” a person on the nose surely could be considered offensive. An unwelcome touch on a shoulder has been considered offensive before.

But under ohio’s assault law it requires actual harm or an attempt to cause harm although my understanding is that it has been charged even if it did not meet the requirement of intent to commit harm. So offensive touching as was originally asked could result in criminal charges if the prosecutor was having a bad day.