Battery (criminal law) Definition and Meaning
Battery is defined as the unlawful application of force to the person of another that results in either bodily injury or an offensive touching. Simple battery is a misdemeanor.
- Regarding state of mind, intent is not required.
- Indirect application of force is sufficient.
- Aggravated Battery
- A deadly weapon is used. Any ordinary object may become a deadly weapon depending on how that object is used.
- Serious bodily injury is caused; or
- The victim is a woman, child, or a police officer.
- Consent is sometimes a defense
While the general rule is that consent of the victim is not a valid defense, some jurisdictions recognize consent as a valid defense to simple battery and/or certain specified batteries. An example is medical operations and consensual athletic contests.
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