General Discussion
In reply to the discussion: Anna Ruch, Cuomo's 3rd accuser, is a Democrat and a former Biden campaign staffer. [View all]qazplm135
(7,654 posts)so yes, a kiss on the cheek, if unwanted, is an assault...period.
Now, are you going to jail for it or being charged for it? No.
But an assault technically doesn't even require a touching, but the mere apprehension of a touching.
Some jurisdictions split it into assault and battery, an example of the former being if you throw a punch (that's seen by the victim) but miss, that's an assault. If you throw a punch that is seen and connects, that's an assault and battery. If you throw a punch that's not seen but connects, that's a battery, and if you throw a punch that's not seen and doesn't connect, then it's nothing.
But touching someone without their consent is technically a crime. You can use the defenses of accident or self-defense to rebut of course, or in this case, consent, but consent wasn't given here.