Battery - Revision history

Ibjadmin: /* Foreign Jurisdictions */

2011-01-17T10:37:52Z

Foreign Jurisdictions

← Older revision		Revision as of 12:37, 17 January 2011
Line 28:		Line 28:
	==Foreign Jurisdictions==		==Foreign Jurisdictions==

			----
			See [[Crimes]]

			==Notes==
	<references>		<references>

Nsun2010: /* Variation by Jurisdiction */

2011-01-13T00:59:22Z

Variation by Jurisdiction

← Older revision		Revision as of 02:59, 13 January 2011
Line 15:		Line 15:
	'''California'''		'''California'''

	California defines battery under section 242 of its Penal Code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>		California defines battery under section 242 of Title 8, Chapter 9 of its Penal Code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>

	California addresses sexual battery under section 243.4. This section states that "[a]ny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref> Anyone guilty of sexual battery is punishable by imprisonment in a county jail for not more than one year and a fine not exceeding $2,000 USD, or by imprisonment in a state jail for up to four years and a fine not exceeding $10,000 USD.<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref>		California addresses sexual battery under section 243.4. This section states that "[a]ny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref> Anyone guilty of sexual battery is punishable by imprisonment in a county jail for not more than one year and a fine not exceeding $2,000 USD, or by imprisonment in a state jail for up to four years and a fine not exceeding $10,000 USD.<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref>

Nsun2010: /* Variation by Jurisdiction */

2011-01-11T23:26:36Z

Variation by Jurisdiction

← Older revision		Revision as of 01:26, 12 January 2011
Line 21:		Line 21:
	'''New York'''		'''New York'''

	Under the New York Penal Code, battery is consolidated with assault. For example, under section 120.10 (Assault in the First Degree), the Code outlines first degree assault as assault "[w]ith [the] intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, ''he causes such injury to such person or to a third person.''"<ref>NY Penal Code, § 120.10 (2009)</ref>		Under the New York Penal Code, battery is consolidated with [[assault]]. For example, under section 120.10 (Assault in the First Degree), the Code outlines first degree assault as assault "[w]ith [the] intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, ''he causes such injury to such person or to a third person.''"<ref>NY Penal Code, § 120.10 (2009)</ref>

	==Common Defenses==		==Common Defenses==

Nsun2010: /* Variation by Jurisdiction */

2011-01-11T23:25:26Z

Variation by Jurisdiction

← Older revision		Revision as of 01:25, 12 January 2011
Line 15:		Line 15:
	'''California'''		'''California'''

	California defines battery under section 242 of its ~~penal code~~ as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>		California defines battery under section 242 of its Penal Code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>

	California addresses sexual battery under section 243.4. This section states that "[a]ny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref> Anyone guilty of sexual battery is punishable by imprisonment in a county jail for not more than one year and a fine not exceeding $2,000 USD, or by imprisonment in a state jail for up to four years and a fine not exceeding $10,000 USD.<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref>		California addresses sexual battery under section 243.4. This section states that "[a]ny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref> Anyone guilty of sexual battery is punishable by imprisonment in a county jail for not more than one year and a fine not exceeding $2,000 USD, or by imprisonment in a state jail for up to four years and a fine not exceeding $10,000 USD.<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref>

			'''New York'''

			Under the New York Penal Code, battery is consolidated with assault. For example, under section 120.10 (Assault in the First Degree), the Code outlines first degree assault as assault "[w]ith [the] intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, ''he causes such injury to such person or to a third person.''"<ref>NY Penal Code, § 120.10 (2009)</ref>

	==Common Defenses==		==Common Defenses==

Nsun2010: /* Variation by Jurisdiction */

2011-01-11T23:16:46Z

Variation by Jurisdiction

← Older revision		Revision as of 01:16, 12 January 2011
Line 16:		Line 16:

	California defines battery under section 242 of its penal code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>		California defines battery under section 242 of its penal code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>

			California addresses sexual battery under section 243.4. This section states that "[a]ny person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref> Anyone guilty of sexual battery is punishable by imprisonment in a county jail for not more than one year and a fine not exceeding $2,000 USD, or by imprisonment in a state jail for up to four years and a fine not exceeding $10,000 USD.<ref>CA Penal Code, § 243.4, Sexual Battery (2008)</ref>

	==Common Defenses==		==Common Defenses==

Nsun2010: /* Common Defenses */

2011-01-11T23:11:29Z

Common Defenses

← Older revision		Revision as of 01:11, 12 January 2011
Line 18:		Line 18:

	==Common Defenses==		==Common Defenses==
			Battery shares many defenses in common with [[assault]].

			==Foreign Jurisdictions==

	<references>		<references>

Nsun2010: /* Variation by Jurisdiction */

2011-01-11T23:10:24Z

Variation by Jurisdiction

← Older revision		Revision as of 01:10, 12 January 2011
Line 14:		Line 14:

	'''California'''		'''California'''

	California defines battery under section 242 of its penal code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>		California defines battery under section 242 of its penal code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>

Nsun2010: /* Variation by Jurisdiction */

2011-01-11T23:10:11Z

Variation by Jurisdiction

← Older revision		Revision as of 01:10, 12 January 2011
Line 12:		Line 12:

	==Variation by Jurisdiction==		==Variation by Jurisdiction==

			'''California'''
			California defines battery under section 242 of its penal code as any willful and unlawful use of force or violence upon the person of another.<ref>CA Penal Code, § 242, Battery Defined (2008)</ref> In general, under section 243, a battery is punishable by a fine of $2,000 USD and/or by imprisonment not exceeding six months.<ref>CA Penal Code, § 243(a) (2008)</ref> However, if the battery is committed against a peace officer in the performance of the officer's duties, a guilty defendant may be fined up to $10,000 USD and/or imprisonment in the county jail for up to one year or state jail for up to three years.<ref>CA Penal Code, § 243(c)(2) (2008)</ref> Furthermore, if the battery results in serious bodily harm, the defendant is punishable by imprisonment in county jail for up to one year or state jail for up to four years.<ref>CA Penal Code, § 243(d) (2008)</ref> Section 243(e) addresses spousal battery, giving a general punishment of a fine up to $2,000 USD or imprisonment in county jail for not more than one year. This section also includes alternative conditions of probation (i.e. the defendant must reimburse the victim for reasonable expenses related to the crime).<ref>CA Penal Code, § 243(e) (2008)</ref>

	==Common Defenses==		==Common Defenses==

Nsun2010: /* Background */

2011-01-11T22:49:10Z

Background

← Older revision		Revision as of 00:49, 12 January 2011
Line 1:		Line 1:
	==Background==		==Background==

	Battery is use of force against another, which results in harmful or offensive contact. <ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally a battery results from an act intended to cause such contact. There are three basic elements to criminal battery: 1) the defendant's conduct (act or failure to act); 2) his mental state (i.e. intent to kill or injure, criminal negligence, etc.); and 3) the harmful touching of the victim.<ref>Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986)</ref> Like [[assault]], there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (i.e. [[rape]]).		Battery is use of force against another, which results in harmful or offensive contact. <ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally a battery results from an act intended to cause such contact. There are three basic elements to criminal battery: 1) the defendant's conduct (act or failure to act); 2) his mental state (i.e. intent to kill or injure, criminal negligence, etc.); and 3) the harmful touching of the victim.<ref>Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986)</ref> Like [[assault]], there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (e.g. [[rape]]).

	Simple battery is not accompanied by aggravating circumstances and does not result in serious bodily harm. A simple battery is usually categorized as a misdemeanor, but may be considered a felony in certain situations (i.e. if the victim is a minor).<ref>Black's Law Dictionary, 9th Edition (2009)</ref>		Simple battery is not accompanied by aggravating circumstances and does not result in serious bodily harm. A simple battery is usually categorized as a misdemeanor, but may be considered a felony in certain situations (i.e. if the victim is a minor).<ref>Black's Law Dictionary, 9th Edition (2009)</ref>

Nsun2010: /* Background */

2011-01-11T22:47:45Z

Background

← Older revision		Revision as of 00:47, 12 January 2011
Line 1:		Line 1:
	==Background==		==Background==

	Battery is use of force against another, which results in harmful or offensive contact. <ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally a battery results from an act intended to cause such contact. There are three basic elements to criminal battery: 1) the defendant's conduct (act or failure to act); 2) his mental state (i.e. intent to kill or injure, criminal negligence, etc.); and 3) the harmful touching of the victim.<ref>Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986)</ref> Like [[assault]], there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (i.e. rape).		Battery is use of force against another, which results in harmful or offensive contact. <ref>Black's Law Dictionary, 9th Edition (2009)</ref> Generally a battery results from an act intended to cause such contact. There are three basic elements to criminal battery: 1) the defendant's conduct (act or failure to act); 2) his mental state (i.e. intent to kill or injure, criminal negligence, etc.); and 3) the harmful touching of the victim.<ref>Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986)</ref> Like [[assault]], there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (i.e. [[rape]]).

	Simple battery is not accompanied by aggravating circumstances and does not result in serious bodily harm. A simple battery is usually categorized as a misdemeanor, but may be considered a felony in certain situations (i.e. if the victim is a minor).<ref>Black's Law Dictionary, 9th Edition (2009)</ref>		Simple battery is not accompanied by aggravating circumstances and does not result in serious bodily harm. A simple battery is usually categorized as a misdemeanor, but may be considered a felony in certain situations (i.e. if the victim is a minor).<ref>Black's Law Dictionary, 9th Edition (2009)</ref>