Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact.
Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person or another by the aggressor, or by a substance put in motion by him". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law.
Generally.
Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that:
1. an offensive touch or contact is made upon the victim, instigated by the actor; and
2. the actor intends or knows that their action will cause the offensive touching.
Under the US Model Penal Code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. Battery is typically classified as either simple or aggravated. Although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure.
Specific countries.
United States.
In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt:
1. an unlawful application of force.
2. to the person of another.
3. resulting in either bodily injury or an offensive touching.
The common-law elements serve as a basic template, but individual jurisdictions may alter them, and they may vary slightly from state to state.
Under modern statutory schemes, battery is often divided into grades that determine the severity of punishment. For example:
Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Criminal battery requires intent to inflict an injury on another.
Sexual battery may be defined as non-consensual touching of the intimate parts of another. At least in Florida, "Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object": See section 794.011.
Family-violence battery may be limited in its scope between persons within a certain degree of relationship: statutes for this offense have been enacted in response to increasing awareness of the problem of domestic violence.
Aggravated battery generally is seen as a serious offense of felony grade. Aggravated battery charges may occur when a battery causes serious bodily injury or permanent disfigurement. As successor to the common law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault. In Florida, Aggravated Battery is the intentional infliction of great bodily harm and is a second degree felony, whereas battery that unintentionally causes great bodily harm is considered a third degree felony.
