[Code 1974 § 14-52; Code 1985 § 15-21;
Code 2005 § 70-31]
A.
An assault is any willful and unlawful attempt or offer, with force
or violence, to do a corporal hurt to another.
B.
A battery is any willful and unlawful use of force or violence upon
the person of another.
C.
It is unlawful for any person to commit an assault or a battery within
the City limits or property under control of City.
D.
To use or to attempt to offer to use force or violence upon or toward
the person of another is not unlawful in the following cases:
(1)
When necessarily committed by a public officer in the performance
of any legal duty, or by any other person assisting such officer or
acting by such officer's direction;
(2)
When necessarily committed by any person in arresting one who has
committed any felony, and delivering such person to a public officer
competent to receive such person in custody;
(3)
When committed either by the person about to be injured, or by any
other person in such person's aid or defense, in preventing or
attempting to prevent an offense against such person, or any trespass
or other unlawful interference with real or personal property in such
person's lawful possession; provided the force or violence used
is not more than sufficient to prevent such offense;
(4)
When committed by a parent or the authorized agent of any parent,
or by any guardian, master or teacher, in the exercise of a lawful
authority to restrain or correct such person's child, ward, apprentice
or scholar, provided restraint or correction has been k rendered necessary
by the misconduct of such child, ward, apprentice or scholar, or by
the child's refusal to obey the lawful command of such parent
or authorized agent or guardian, master or teacher, and the force
or violence used is reasonable in manner and moderate in degree;
(5)
When committed by a carrier of passengers, or the authorized agents
or servants of such carrier, or by any person assisting them at their
request, in expelling from any carriage, railroad car, vessel or other
vehicle, any passenger who refuses to obey a lawful and reasonable
regulation prescribed for the conduct of passengers, if such vehicle
has first been stopped and the force and violence used is not more
than is sufficient to expel the offending passenger, with a reasonable
regard to such passenger's personal safety; and
(6)
When committed by any person in preventing a person who is impaired
by reason of mental retardation or developmental disability as defined
by 10 O.S. § 1430.2, a mentally ill person, insane person
or other person of unsound mind, including persons temporarily or
partially deprived of reason, from committing an act dangerous to
such person's self or to another, or enforcing such restraint
as is necessary for the protection of the person or for restoration
to health, during such period only as shall be necessary to obtain
legal authority for the restraint or custody of the person.
