BATTERY

battery,n.1.Criminal law. The use of force against another, resulting in harmful or offensive contact. — Also termed criminal battery. [Cases: Assault and Battery  48. C.J.S. Assault and

Battery §§ 2–3, 62, 64–66, 81.]

“Criminal battery, sometimes defined briefly as the unlawful application of force to the person of another, may be divided into its three basic elements: (1) the defendant’s conduct (act or omission); (2) his ‘mental state,’ which may be an intent to kill or injure, or criminal negligence, or perhaps the doing of an unlawful act; and (3) the harmful result to the victim, which may be either a bodily injury or an offensive touching.” Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986).

aggravated battery.A criminal battery accompanied by circumstances that make it more severe, such as the use of a deadly weapon or the fact that the battery resulted in serious bodily harm. • In most state statutes, aggravated battery is classified as both a misdemeanor and a felony.

[Cases: Assault and Battery  54. C.J.S. Assault and Battery §§ 72–74, 80–81.]

sexual battery.The forced penetration of or contact with another’s sexual organs or the perpetrator’s sexual organs. Cf. RAPE. • In most state statutes, sexual battery is classified as both a misdemeanor and a felony. [Cases: Rape  1. C.J.S. Rape §§ 1–3, 15.]

simple battery.A criminal battery not accompanied by aggravating circumstances and not resulting in serious bodily harm. • Simple battery is usu. a misdemeanor but may rise to a felony if the victim is, for instance, a child or a senior citizen. [Cases: Assault and Battery  48. C.J.S. Assault and Battery §§ 2–3, 62, 64–66, 81.]

2.Torts. An intentional and offensive touching of another without lawful justification. — Also termed tortious battery. [Cases: Assault and Battery  2. C.J.S. Assault and Battery §§ 2–4, 6–8.]

Cf. ASSAULT. — batter,vb.“A battery is the actual application of force to the body of the prosecutor. It is, in other words, the assault brought to completion. Thus, if a man strikes at another with his cane and misses him, it is an assault; if he hits him, it is a battery. But the slightest degree of force is sufficient, provided that it be applied in a hostile manner; as by pushing a man or spitting in his face. Touching a man to attract his attention to some particular matter, or a friendly slap on the back is not battery, owing to the lack of hostile intention.” 4 Stephen’s Commentaries on the Laws of England 62–63 (L. Crispin Warmington ed., 21st ed. 1950).[Blacks Law 8th]