Problem
Joey was walking home from class at SMC one evening when she noticed a classmate coming toward her from down the street. Joey thought it might be funny to hide behind a tree and then jump out and yell "surprise" as the classmate walked by. Joey waited and jumped out, but instead of the classmate, it was an elderly man. The elderly man was terrified.
You consider the possibility that Joey is guilty of assault, which can be defined as a misdemeanor consisting of an intentional frightening of another person.
a) Did Joey satisfy the mens rea of assault? Why or why not?
b) Did Joey satisfy the actus reus of assault? Why or why not
c) Regardless, would you consider charging Joey with a crime? Why or why not?