In law, battery refers to the intentional and unlawful application of force or physical contact upon another person without their consent, which results in either bodily injury or offensive touching. It is both a tort (civil wrong) and a criminal offense.
Key Legal Aspects of Battery
- Intentional Act: The person must intentionally cause the contact or know that such contact is substantially likely to occur. Accidental contact is not battery
- Contact: The contact must be harmful or offensive. Harmful contact causes physical injury or impairment, while offensive contact is one that a reasonable person would find offensive or insulting
- Non-Consent: The contact must be without the consent of the person affected. Consent can be explicit or implied (e.g., in sports)
- Harm Requirement: In criminal battery, actual bodily injury or offensive touching is required, but in civil battery, harm can be physical, mental, or emotional, and even slight unwanted contact may suffice for a claim
- Damages: Victims can claim nominal damages even without actual harm. Punitive damages may be awarded if the defendant acted with malice or reckless disregard for harm
Battery in Different Legal Contexts
- Criminal Battery: It is a crime involving unlawful physical contact, often classified as simple or aggravated battery depending on severity, presence of weapons, or resulting injury. Aggravated battery involves serious bodily harm or use of a weapon and is typically a felony
- Civil Battery (Tort): It is an intentional tort where the plaintiff must prove intent to make contact without consent and that harm occurred. The intent needed is to make contact, not necessarily to cause harm
- Domestic Battery: A specific form of battery involving harmful or offensive touching against an intimate partner. It is a criminal offense even if no physical injury occurs, only the use of force or violence is required
Summary Definition
Battery is the intentional and unlawful physical contact or use of force against another person without their consent, resulting in harmful or offensive contact. It can be prosecuted criminally or pursued as a civil wrong, with varying degrees of severity and consequences depending on the jurisdiction and circumstances
