Battery: Difference between revisions
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==Model Penal Code== | ==Model Penal Code== | ||
The Model Penal Code consolidates battery with various offenses involving danger to the person. Therefore, rather than having an individual section that addresses battery, the Code intertwines battery with assault, murder, kidnapping, or sexual offenses.<ref>Model Penal Code §§ 210-213 (2009) </ref> | |||
==Variation by Jurisdiction== | ==Variation by Jurisdiction== | ||
Revision as of 00:31, 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
The Model Penal Code consolidates battery with various offenses involving danger to the person. Therefore, rather than having an individual section that addresses battery, the Code intertwines battery with assault, murder, kidnapping, or sexual offenses.[3]
Variation by Jurisdiction
Common Defenses
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