The Slap Heard Across the World: The Legal Repercussions Will Smith Can Face

With the viewership for the Academy Awards plunging in the last few years, what they needed was a publicity stunt. They got just that — and more.

Chris Rock, an American stand-up comedian, hosted the 2022 Academy of Motion Picture Arts and Sciences Awards premier. While presenting, he made a jab at Jada Pinkett Smith, an American actress and talk show host, saying that he “c[ould] not wait” for a sequel to the popular 1997 movie “G.I. Jane,” the primary character of which is bald by choice. Pinkett Smith, in the audience, is also bald, but due to alopecia — a medical condition that can result in severe hair loss. At first, the joke garnered audience laughter, including from Will Smith, an American actor and Pinkett Smith’s spouse. But soon seeing that his wife took offense at the joke, Smith walked onstage and slapped Rock. When Smith returned to his seat, he yelled out to Rock to keep his “fu**ing wife’s name” out of his mouth. On many television networks, this moment was censored due to the explicit language.

Initially, many bewildered observers — even those in the audience — took to social media to speculate that the moment was staged. But it soon became clear that the moment was not, raising the question of whether Smith could face legal consequences.

What Happens Now?

In the aftermath of the slap, Rock told the Los Angeles Police Department that he would not press charges against Smith. But the Academy of Motion Pictures Arts and Sciences conducted a formal review on Smith’s action. They publicly condemned his actions toward Rock and decided to ban Smith from the Academy Awards for 10 years.

But were Smith’s actions really that big of a deal, legally speaking? According to California state law, they just might be. 

Smith’s slap likely constitutes both a simple assault and battery misdemeanor under California state law. Most people conflate assault and battery, but they actually refer to different offenses in different places. In California Assault Law, Penal Code 240 PC, assault is merely an attempt to use force and violence on someone else, and it does not actually have to be successful nor does it need to involve actual physical contact. If convicted of assault, one can face up to six months in jail and a fine up to $1000. Because Smith attempted to slap Rock and did so successfully, his actions likely falls under assault.

Furthermore, according to the California’s Penal Code 242 PC, battery includes “any willful and unlawful use of force or violence upon the person of another.” All that is required for an act to be considered a battery is to touch someone in an offensive way, with the intent to harm. Such a simple misdemeanor offense carries a maximum sentence of six months in jail and a fine up to $2000. Smith’s actions also would likely fall under battery; any observer of the events that transpired could reasonably conclude that Smith’s slap constituted retribution for Rock’s provocative joke. If Smith were to be charged with both, he would be sentenced for the greater of the two crimes, which is battery in this case.

If Rock so intended, he could not only charge Smith for assault and battery but also file a civil suit if the event caused him physical injuries and/or emotional distress. If Rock suffered emotional distress from being slapped, and it can be proven that Smith acted in an outrageous way, then this civil suit could rise above an assault and battery claim. Under California law, for an action to be outrageous requires that “a reasonable person would find it uncivilized, and that he acted with reckless disregard — either knowing his actions would cause emotional distress, or not even thinking about the probable consequences of his actions.” This charge would have grounds for a lawsuit. 

Do Celebrities Always Get a Free Pass?

Though it seems unlikely that Rock will press charges, Smith is not immune from facing consequences. Even if a victim does not cooperate in pressing charges, it is the prosecutor's responsibility to hold the guilty accountable for their actions, no matter their identity. But Rock’s unwillingness to press charges, as well as Smith’s celebrity status, make prosecution unlikely.

On many occasions, we have seen celebrities not face punishment for their actions solely because of their fame. In many instances, if non-celebrities committed identical offenses, they would likely face severe legal consequences. This double standard is a dangerous one: if famous people do not have to face the legal consequences of their actions, it could set a precedent that these illegal behaviors are permissible.

In our society of laws and accountability, the failure to punish wrongdoing solely on the basis of a celebrity status threatens the idea of equal justice for all. This is a problem that needs to be fixed. Smith should certainly face consequences concordant with the full extent of the law — but as it stands now, his only punishment seems to be in the court of public opinion.