In the Matter of K.C., 226 N.C. App. 452 (2013)

The court upheld the juvenile’s adjudication for simple assault. At adjudication, a female classmate of the male juvenile testified that the juvenile “grabbed and squeezed her butt” in class when she went to shelve a book. The juvenile testified that he accidentally touched her butt, when picking up a pencil, but did not squeeze it. The court affirmed the adjudication for simple assault, based on the juvenile’s having touched the classmate without her consent. The court noted that where a battery has occurred, an assault may be proven by a finding of either assault or battery on the victim. When the evidence discloses an actual battery (unlawful touching of another without consent), as it did here, whether the victim is put in fear is irrelevant.