Battery: Difference between revisions
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Created page with "==Background== Battery is the willful and harmful or offensive touching of another person, which results from an act intended to cause such contact, which contact is offensive t..." |
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==Background== | ==Background== | ||
Battery is | 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). | ||
==Model Penal Code== | ==Model Penal Code== | ||
Revision as of 00:18, 12 January 2011
Background
Battery is use of force against another, which results in harmful or offensive contact. [1] 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.[2] Like assault, there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (i.e. rape).
Model Penal Code
Variation by Jurisdiction
Common Defenses
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