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`yes but that's only if you are pressing your hand towards them .

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Actually, there are a few other factors involved. Unsolicited touching of a person is legally defined as battery. Many people think it is assault, but assault is legally defined as stopping a person's motion, like stepping in front of them when they want to walk passed. Murder only comes into play when there is intent to kill. For example, there are people who will choke each other during sex, but this is not attempted murder because the intent is to heighten sexual arousal. If a death does occur in this instance, however, it is manslaughter rather than murder. Of course, these are American laws and can vary from city to city.

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