Final answer:
The incorrect element of simple assault from the options is 'The actual injury,' as simple assault does not require any physical contact or injury to occur.
Step-by-step explanation:
The question asks which option is not an element of simple assault. Simple assault does not require actual physical harm to occur; it only requires the intent to cause fear or apprehension, reasonable apprehension of imminent harm, or an unlawful threat or attempt to harm. It is important to note that simple assault can be both a criminal offense and a civil tort. Simple assault generally consists of an unlawful threat or attempt to harm another person, coupled with the ability to carry out the threat, which creates a reasonable apprehension of imminent harm in the victim. Therefore, the correct answer would be B) The actual injury, since simple assault does not require that any physical contact or injury actually occur, contrary to battery, which does require physical contact or injury.