Penny points a gun at jose and threatens to shoot him. jose is very brave and not frightened. the police arrive and penny is arrested without shooting jose. what tort did penny commit

What Penny did to Jose was assault. It is because assault is completely different from battery wherein, assault is a threat or physical act by which it is an attempt to cause a person to fear of imminent body harm whereas battery is the intentional way of touching a person to harm the individual. It could be seen in the scenario that penny is only assaulting Jose as she didn’t even harm him in an intentional way but rather she tries to attempt to frighten him by pointing the gun to his head.