Battery is a criminal offense involving unlawful physical contact, distinct from assault in that the contact is not necessarily violent.
In the United States, Criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact. It is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances. Battery was defined at common law as "any unlawful touching of the person of another by the aggressor himself, or by a substance put in motion by him." In most cases, battery is now governed by statute, and its severity is determined by the law of the specific jurisdiction.
Generally
Specific rules regarding battery depend on the relevant jurisdiction, however some elements remain constant despite jurisdiction. Battery generally requires:
-
An offensive touching or contact is made upon the victim, instigated by the actor
-
The actor intends or knows that his action will cause the offensive touching
-
In some jurisdictions, for instance under the Model Penal Code, there is a battery when the actor acts recklessly
Battery is typically classified as either simple or aggravated. Although battery typically occurs in the context of physical altercations, battery also applies in other instances, such as medical cases where the doctor performs a non-consented to medical procedure.
All text of this article available under the terms of the GNU Free Documentation License (see Copyrights for details)