For an assault to occur, which element must also be present along with opportunity?

To determine whether an assault has taken place, it is crucial that both opportunity and the ability to act are present. Opportunity refers to the circumstances that allow a potential assailant to approach their target without interference. However, opportunity alone is not sufficient to qualify as assault. The assailant must also have the ability to execute the act, meaning they must be physically capable of inflicting harm or causing fear of immediate harm to another individual.

For example, if someone has the opportunity to approach another person but lacks the physical capability (due to being restrained or incapacitated, for instance) to carry out an aggressive act, then an assault has not occurred, as the necessary ability to act is absent. The combination of both opportunity and ability defines a situation where assault can occur, as it encompasses both the feasibility of carrying out the act and the actual potential for harm or intimidation.

Thus, the presence of ability to act is vital in confirming that an assault can take place alongside opportunity.