I don't know...why don't you ask the law how they currently classify it?
No, I'm not saying the 13 year old kid has to know every detail of what's going on in that very quick situation...as a previous post says. For those reasons, I don't think he should have been suspended...can't expect that type of rationalization from a little kid. Also, punching the kid back in the face could have also resulted in something just as harmful. This is why I think it's bull , but whatever. Being suspended at age 13 is no big deal, no real outcome in the long run. The other kid got what he deserved.