Battery ( crime ) - wikipedia Battery ( crime ) This article is about the crime. For the tortious aspects of battery, see Battery ( tort ). For other uses of the word `` battery '', see Battery. The examples and perspective in this article deal primarily with the Northern Hemisphere and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. ( January 2018 ) Look up beat up in Wiktionary, the free dictionary. Criminal law Elements Actus reus Mens rea Causation Concurrence Scope of criminal liability Complicity Corporate Vicarious Severity of offense Felony Infraction ( also called violation ) Misdemeanor Inchoate offenses Attempt Conspiracy Incitement Solicitation Offence against the person Assassination Assault Battery Bigamy Criminal negligence False imprisonment Home invasion Homicide Kidnapping Manslaughter ( corporate ) Mayhem Murder corporate Negligent homicide Public indecency Rape Robbery Sexual assault Crimes against property Arson Blackmail Bribery Burglary Embezzlement Extortion False pretenses Fraud Larceny Payola Pickpocketing Possessing stolen property Robbery Smuggling Tax evasion Theft Crimes against justice Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice Victimless crimes Adultery Apostasy Buggery Providing contraception information ( Comstock law ) Dueling Fornication Gambling Incest Lewd and lascivious behavior Exhibitionism Creation of obscenity Prostitution Recreational drug use ( including alcohol, when prohibited ) Sodomy Suicide Crimes against animals Cruelty to animals Wildlife smuggling Bestiality Defences to liability Automatism Consent Defence of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Justification Mistake ( of law ) Necessity Provocation Self - defence Other common - law areas Contracts Evidence Property Torts Wills, trusts and estates Portals Criminal justice Law Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. Battery 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 and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him. '' In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction. Contents 1 Generally 2 Specific countries 2.1 Canada 2.2 England and Wales 2.2. 1 Whether it is a statutory offence 2.2. 2 Mode of trial and sentence 2.3 Russia 2.4 Scotland 2.5 United States 2.5. 1 Kansas 2.5. 2 Louisiana 3 Jurisdictional differences 4 Distinction between battery and assault 5 See also 6 References Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that : an offensive touch or contact is made upon the victim, instigated by the actor ; and 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 Canada Battery is not defined in the Canadian Criminal Code. Instead, the Code has an offense of assault, and assault causing bodily harm. England and Wales Battery is a common law offence within England and Wales. As with the majority of offences in the UK, it has two elements : Actus Reus : The defendant unlawfully touched or applied force to the victim Mens Rea : The defendant intended or was reckless as to the unlawful touch or application of force This offence is a crime against autonomy, with more violent crimes such as ABH and GBH being punishable under the Offences Against the Person Act 1861. As such, even the slightest of touches can amount to an unlawful application of force. However, it is assumed that everyday encounters ( such as making contact with others on the tube ) are consented to and not punishable. Much confusion can come between the terms ' assault ' and ' battery '. While in everyday use the term assault may be used to describe a physical attack, this is indeed a battery. An assault is causing someone to apprehend that you will commit a battery. This issue is so prevalent that the crime of sexual assault would be better labelled a sexual battery. This confusion stems from the fact that both assault and battery can be referred to as common assault. There is no separate offence for a battery relating to domestic violence. Whether it is a statutory offence In DPP v. Taylor, DPP v. Little, it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. This decision was criticised in Haystead v. DPP where the Divisional court expressed the obiter opinion that battery remains a common law offence. Therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, DPP v Little is the preferred authority. Mode of trial and sentence In England and Wales, it is a usually tried as a summary offence under section 39 of The Criminal Justice Act 1988. However, where section 40 applies, it can be an additional charge on an indictment. It is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. See Crown Prosecution Service Sentencing Manual for case law on sentencing. Russia There is an offence which could be ( loosely ) described as battery in Russia. Article 116 of the Russian Criminal Code provides that battery or similar violent actions which cause pain are an offence. Scotland There is no distinct offence of battery in Scotland. The offence of assault includes acts that could be described as battery. 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 : an unlawful application of force to the person of another 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. Kansas In the state of Kansas battery is defined as follows : Battery. ( a ) Battery is : ( 1 ) Intentionally or recklessly causing bodily harm to another person ; or ( 2 ) intentionally causing physical contact with another person when done in a rude, insulting or angry manner. Louisiana The law on battery in Louisiana reads : § 33. Battery defined Battery is the intentional use of force or violence upon the person of another ; or the intentional administration of a poison or other noxious liquid or substance to another. Jurisdictional differences In some jurisdictions, battery has recently been constructed to include directing bodily secretions ( i.e., spitting ) at another person without his or her permission. Some of those jurisdictions automatically elevate such a battery to the charge of aggravated battery. In some jurisdictions, the charge of criminal battery also requires evidence of a mental state ( mens rea ). The terminology used to refer to a particular offense can also vary by jurisdiction. Some jurisdictions, such as New York, refer to what, under the common law, would be battery as assault, and then use another term for the crime that would have been assault, such as menacing. Distinction between battery and assault The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B. Battery requires ( 1 ) a volitional act that ( 2 ) results in a harmful or offensive contact with another person and ( 3 ) is committed for the purpose of causing a harmful or offensive contact or under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result. Assault is an attempted battery or the act of intentionally placing a person in apprehension of a harmful or offensive contact with his or her person. In some places, assault is the threat of violence against another while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Likewise, battery is undesired touching of another, while aggravated battery is touching of another with or without a tool or weapon with attempt to harm or restrain. See also assault ( tort ) assault occasioning actual bodily harm battery ( tort ) non-fatal offences against the person in English law right of self - defense References Jump up ^ Clark, William Lawrence ; Association, American Bar ( 1909 ), Elementary Law, pp. 117 -- 18, retrieved 2009 - 08 - 01 Jump up ^ Collins v Wilcock ( 1984 ) 3 ALL ER 374 ( QBD ) Jump up ^ Sexual Offences Act 2003, Section 3 < www.legislation.gov.uk/ukpga/2003/42/section/3 > accessed 10 January 2018 Jump up ^ DPP v. Taylor, DPP v. Little ( 1992 ) 1 QB 645, 95 Cr App R 28 Jump up ^ `` Haystead v Chief Constable of Derbyshire ( 2000 ) EWHC QB 181 ( 12 May 2000 ) ''. Bailii.org. Retrieved 2013 - 07 - 01. Jump up ^ Smith & Hogan ( 2008 ). Criminal Law. OUP. p. 584. Jump up ^ `` ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ И ЗДОРОВЬЯ - Уголовный кодекс РФ ( УК РФ ) от 13 June 1996 N 63 - ФЗ Консультант Плюс ''. Consultant.ru. Retrieved 2013 - 07 - 01. Jump up ^ Black 's Law Dictionary Garner, p. 162 Jump up ^ Larson, Aaron ( 12 February 2018 ). `` What are the Crimes of Assault and Battery ''. ExpertLaw. Retrieved 15 March 2018. Jump up ^ `` 794.011 Sexual Battery Unspecified ''. offender.fdle.state.fl.us/. Florida Department of Law Enforcement. Retrieved 4 March 2015. Jump up ^ `` Florida Statute on Aggravated Battery ''. Florida Legislature. Jump up ^ `` Florida Statute on Felony Battery ''. Florida Legislature. Jump up ^ `` Kansas Statutes, Sec. 21 - 5413. Battery ; aggravated battery ; battery against certain persons ; aggravated battery against certain persons ''. Kansas Legislature. Retrieved 15 March 2018. Jump up ^ `` SUBPART B. ASSAULT AND BATTERY ( WITH RELATED OFFENSES ) ''. legis.la.gov/. Louisiana State Legislature. Retrieved 4 March 2015. English criminal law Classes of crimes Common law Indictable Either way Summary Regulatory Lesser included Elements of crimes Actus reus Causation Mens rea Intention ( criminal law ) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose Defences Self - defence Duress Necessity Marital coercion Consent Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category : Criminal defences Offences against the person Homicide ( Murder / Manslaughter / Corporate manslaughter / Infanticide ) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a disorderly house Preventing the lawful burial of a body Breach of the peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory ( legal term ) Misconduct in a public office Misfeasance in public office Abuse of authority Perjury of oath Dereliction of duty Offences against property Arson Dishonesty Cheating ( law ) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taking without owner 's consent Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail Forgery, personation and cheating Forgery Cheating the public revenue Uttering Offences against justice Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprision of treason Misprision of felony Compounding a felony Jury tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstruction of justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner Other common law areas Contract Tort Property Wills Trusts and estates Evidence Criminal procedure History Law of England and Wales portal Criminal Justice portal Retrieved from `` https://en.wikipedia.org/w/index.php?title=Battery_(crime)&oldid=830585013 '' Categories : Common law offences in England and Wales Crimes Criminology Offences against the person Violence Hidden categories : Articles with limited geographic scope from January 2018 Northern - centric Talk Contents About Wikipedia Deutsch Latviešu Magyar Nederlands 日本 語 Norsk Polski Português Русский Simple English Türkçe 4 more Edit links This page was last edited on 15 March 2018, at 18 : 52. 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Question: what does battery mean in assault and battery
Answer: a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact