An alert patient refuses medical evaluation; EMT touches them against their will. The EMT could be charged with which crime?

• A. Kidnapping
• B. Battery
• C. Assault
• D. Misconduct

Answer: (B)

The situation tests criminal liability for nonconsensual physical contact. When an alert patient refuses medical evaluation, any intentional touching without their consent is battery. Battery is the act of unlawfully contacting someone in a way that is offensive or harmful, and it requires actual physical touch. Since the EMT touched the patient against their will, this fits battery.

Assault involves creating the apprehension of imminent harmful contact or attempting to make contact, not the actual touching, so it doesn’t fit here. Kidnapping would require moving or confining the person against their will, which isn’t described. Misconduct is too broad and does not specify the criminal act of unlawful contact in this scenario.

In practice, always respect a competent patient’s refusal and document the encounter, seeking appropriate oversight if needed.