# Battery (crime) > Mediated Wiki article. Canonical URL: https://mediated.wiki/source/Battery_(crime) > Markdown URL: https://mediated.wiki/source/Battery_(crime).md > Source: https://en.wikipedia.org/wiki/Battery_(crime) > Source revision: 1354696325 > License: Creative Commons Attribution-ShareAlike 4.0 International (https://creativecommons.org/licenses/by-sa/4.0/) Criminal act of unlawful physical contact For the common law term, see [Battery (tort)](/source/Battery_(tort)). For other uses, see [Battery (disambiguation)](/source/Battery_(disambiguation)). **Battery** is a criminal [offense](/source/Offence_(law)) involving "unlawful [intentional](/source/Intention_(criminal_law)) infliction of harmful or offensive physical contact with another person without consent".[1] It may be either simple or aggravated, and is distinct from [assault](/source/Assault), which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific [common law](/source/Common_law) offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American 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 them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by [statutory wording](/source/Statute). Assessment of the severity of a battery is determined by local law. Criminal law Elements Actus reus Mens rea Causation Concurrence Scope of criminal liability Accessory Accomplice Complicity Corporate Principal Vicarious Severity of offense Felony (or Indictable offense) Misdemeanor (or Summary offense) Infraction (also called violation) Inchoate offenses Attempt Conspiracy Incitement Solicitation Offenses against the person Homicide Murder Manslaughter Corporate manslaughter Attempted murder Negligent homicide Assault Battery Mayhem Mutilation Torture Kidnapping False imprisonment Human trafficking Stalking Harassment Intimidation Domestic violence Hate crime Sexual & moral offences Rape Sexual assault Child sexual abuse Sex trafficking Sexual slavery Cybersex trafficking Sexual harassment Fornication Adultery Bigamy Incest Indecent exposure Voyeurism Obscenity Groping Offences against property Theft / Larceny Robbery Bank robbery Burglary Home invasion Arson Embezzlement Extortion Blackmail Fraud False pretenses Forgery Uttering Possessing stolen property Shoplifting Vandalism Mischief Cybercrime Offences against public justice Perjury Perverting the course of justice Contempt of court Bribery Malfeasance in office Misprision of felony Compounding a felony Offences against public order & state Treason Sedition Espionage Subversion Lèse-majesté Apostasy Genocide War crimes Piracy Political corruption Insider trading Smuggling Arms trafficking People smuggling Drug offences Offences against animals Cruelty to animals Poaching Wildlife smuggling Bestiality Defences to liability Actual innocence Self-defense Defense of others Defense of property Necessity Duress Insanity Diminished responsibility Automatism Intoxication Mistake of fact Mistake of law Ignorantia juris non excusat Infancy Entrapment Provocation Consent Statute of limitations Amnesty / Pardon Portals Law v t e ## Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: 1. an offensive touch or contact is made upon the victim, instigated by the actor; and 1. the actor intends or knows that their action will cause the offensive touching. Under the US [Model Penal Code](/source/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](/source/Physical_altercation), 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](/source/Criminal_Code)*. Instead, the Code has an offense of assault, and assault causing bodily harm.[2] ### England and Wales Battery is a [common law](/source/Common_law) offence within England and Wales. As with the majority of offences in the UK, it has two elements: - [Actus reus](/source/Actus_reus): The defendant unlawfully touched or applied force to the victim - [Mens rea](/source/Mens_rea): The defendant [intended](/source/Intention_(criminal_law)) or was [reckless](/source/Recklessness_(law)) as to the unlawful touch or application of force This offence is a crime against [autonomy](/source/Autonomy), with more violent crimes such as [ABH](/source/Assault_occasioning_actual_bodily_harm) and [GBH](/source/Grievous_bodily_harm) being statutory offences under the [Offences against the Person Act 1861](/source/Offences_against_the_Person_Act_1861). As such, even the slightest of touches can amount to an unlawful application of force.[3] However, it is assumed that everyday encounters (such as making contact with others on public transportation) are consented to and not punishable.[4] Much confusion can come between the terms "assault" and "battery". In everyday use the term assault may be used to describe a physical attack, which is indeed a battery. An assault is causing someone to apprehend that they will be the victim of a battery. This issue is so prevalent that the crime of [sexual assault](/source/Sexual_assault)[5] 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. In practice, if charged with such an offence, the wording will read "assault by beating", but this means the same as "battery". There is no separate offence for a battery relating to [domestic violence](/source/Domestic_violence); however, the introduction of the crime of "controlling or coercive behaviour in an intimate or family relationship" in section 76 of the [Serious Crime Act 2015](/source/Serious_Crime_Act_2015)[6] has given rise to new sentencing guidelines[7] that take into account significant aggravating factors such as [abuse of trust](/source/Abuse_of_trust), resulting in potentially longer sentences for acts of battery within the context of domestic violence. #### Whether it is a statutory offence In *DPP v Taylor, DPP v Little*,[8] it was held that battery is a [statutory offence](/source/Statutory_offence), contrary to section 39 of the [Criminal Justice Act 1988](/source/Criminal_Justice_Act_1988), although it provides no definition. The court compared the construction of the offence to the treatment of [buggery](/source/Buggery) under section 61 of the [Offences against the Person Act 1861](/source/Offences_against_the_Person_Act_1861), which is intended by Parliament to have been abolished when that section was repealed by the [Sexual Offences Act 1956](/source/Sexual_Offences_Act_1956).[9] This decision was contradicted in *Haystead v DPP* where the [Divisional Court](/source/Divisional_Court_(England_and_Wales)) expressed the *[obiter](/source/Obiter)* opinion that battery remains a common law offence.[10] 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.[11] #### Mode of trial and sentence In England and Wales, battery is a [summary offence](/source/Summary_offence) under section 39 of the [Criminal Justice Act 1988](/source/Criminal_Justice_Act_1988). However, by virtue of section 40, it can be tried on [indictment](/source/Indictment) where another [indictable offence](/source/Indictable_offence) is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. Where it is tried on [indictment](/source/Indictment) a [Crown Court](/source/Crown_Court) has no greater powers of sentencing than a magistrates' court would, unless the battery itself constitutes [actual bodily harm](/source/Actual_bodily_harm) or greater. It is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding [level 5 on the standard scale](/source/Standard_scale#United_Kingdom), or both. #### Defences There are numerous defences to a charge of assault, namely[12] - Intoxication due to drugs/alcohol - voluntary or involuntary (does not apply to offences which may be committed recklessly, intentionally or with negligence i.e. assault/battery) - [Defence of self or others](/source/Self-defense) - [Prevention of crime](/source/Prevention_of_Crime_Act_1953) - [Mistake](/source/Mistake_(criminal_law)) - [Duress](/source/Duress_in_English_law) - [Necessity](/source/Necessity_(criminal_law)) - [Insanity](/source/Insanity_defense) - [Automatism](/source/Automatism_(law)) - [Provocation](/source/Provocation_(law)) - [Alibi](/source/Alibi) - [Diminished responsibility](/source/Diminished_responsibility_in_English_law) - Consent (does not apply when the assault/battery results in [ABH](/source/Actual_bodily_harm) or greater) - [Superior orders](/source/Superior_orders) - [Reasonable chastisement](/source/Chastisement) of a child - [Medical](/source/Medical_procedure) procedure - Sporting activities - [Arrest](/source/Arrest) by [Constable](/source/Constable) - [Arrest](/source/Citizen's_arrest) by citizen For provocation, see [Tuberville v Savage](/source/Tuberville_v_Savage). ### Russia There is an offence which could be (loosely) described as battery in Russia. Article 116[13] of the [Russian Criminal Code](/source/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](/source/Scotland). The offence of [assault](/source/Assault#Scotland) includes acts that could be described as battery. ### United States In the United States, **criminal battery**, or simple battery, is the use of [force](/source/Force_(law)) against another, resulting in harmful or offensive contact, including sexual contact.[14] At [common law](/source/Common_law), simple battery is a [misdemeanor](/source/Misdemeanor). The [prosecutor](/source/Prosecutor) must prove all three elements beyond a reasonable doubt: 1. an unlawful application of force 1. to the person of another 1. resulting in either bodily injury or 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.[*[citation needed](https://en.wikipedia.org/wiki/Wikipedia:Citation_needed)*] 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.[15] - **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](/source/Domestic_violence). - **Aggravated battery** generally is seen as a serious offense of [felony](/source/Felony) grade. Aggravated battery charges may occur when a battery causes serious [bodily injury](/source/Bodily_injury) or permanent disfigurement. As a successor to the common law crime of [mayhem](/source/Mayhem_(crime)), this is sometimes subsumed in the definition of [assault](/source/Assault). In Florida, aggravated battery is the *intentional* infliction of great bodily harm and is a second-degree felony,[16] whereas battery that *unintentionally* causes great bodily harm is considered a third-degree [felony](/source/Felony).[17] #### Kansas In the state of [Kansas](/source/Kansas), battery is defined as follows:[18] - Battery. - (a) Battery is: - (1) Knowingly or recklessly causing bodily harm to another person; or - (2) knowingly causing physical contact with another person when done in a rude, insulting, or angry manner. #### Louisiana The law on battery in [Louisiana](/source/Louisiana) reads:[19] - § 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](/source/Spitting)) at another person without their 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](/source/Mens_rea)*). The terminology used to refer to a particular offense can also vary by jurisdiction. Some jurisdictions, such as [New York](/source/New_York_(state)), 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](/source/Menacing). ## Distinction between battery and assault A typical [overt behavior](/source/Actus_reus) of an assault is Person A chasing Person B and swinging a fist toward their head. That for battery is A striking B. Battery requires: - a volitional act (that is the defendant was acting voluntarily), that - results in physical (or in the US, "harmful or offensive") contact with another person, and - is committed for the purpose of causing that contact, or, in the US, under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result, or in England and Wales, reckless that it might occur (meaning that the defendant foresaw the risk of that contact and carried on unreasonably to take that risk). Assault, where rooted on [English law](/source/English_law), the act of intentionally causing a person to apprehend physical contact with their person. Elsewhere it is often similarly worded as the threat of violence to a person, while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Aggravated battery is, typically, offensive touching without a tool or weapon, with attempt to harm or restrain. ## See also Look up ***[battery](https://en.wiktionary.org/wiki/battery)*** in Wiktionary, the free dictionary. - [Assault (tort)](/source/Assault_(tort)) - [Assault occasioning actual bodily harm](/source/Assault_occasioning_actual_bodily_harm) - [Battery (tort)](/source/Battery_(tort)) - The dictionary definition of [*beat up*](https://en.wiktionary.org/wiki/beat_up) at Wiktionary - [Non-fatal offences against the person in English law](/source/Non-fatal_offences_against_the_person_in_English_law) - [Right of self-defense](/source/Right_of_self-defense) ## References 1. **[^](#cite_ref-1)** ["battery"](https://www.law.cornell.edu/wex/battery). *LII / Legal Information Institute*. Retrieved September 27, 2025. 1. **[^](#cite_ref-2)** ["Criminal Code, RSC 1985, c C-46, s 267"](https://canlii.ca/t/56lsh). *Canadian Legal Information Institute*. Retrieved November 24, 2025.{{[cite web](https://en.wikipedia.org/wiki/Template:Cite_web)}}: CS1 maint: url-status ([link](https://en.wikipedia.org/wiki/Category:CS1_maint:_url-status)) 1. **[^](#cite_ref-3)** *R v Afolabi* [2017] EWHC 2960 1. **[^](#cite_ref-4)** *Collins v Wilcock* [1984] 3 ALL ER 374 (QBD) 1. **[^](#cite_ref-5)** ["Sexual Offences Act 2003: Section 3"](https://legislation.gov.uk/ukpga/2003/42/section/3/). *[legislation.gov.uk](/source/Legislation.gov.uk)*. [The National Archives](/source/The_National_Archives_(United_Kingdom)). 2003 c. 42 (s. 3). Retrieved January 10, 2018. 1. **[^](#cite_ref-6)** ["Serious Crime Act 2015: Section 76"](https://legislation.gov.uk/ukpga/2015/9/section/76/). *[legislation.gov.uk](/source/Legislation.gov.uk)*. [The National Archives](/source/The_National_Archives_(United_Kingdom)). 2015 c. 9 (s. 76). 1. **[^](#cite_ref-7)** ["Overarching Principles: Domestic Abuse"](https://web.archive.org/web/20181009053051/https://www.sentencingcouncil.org.uk/wp-content/uploads/6.4143_SC_Domestic_Abuse_Paper_WEB.pdf) (PDF). *Sentencing Council*. Archived from [the original](https://www.sentencingcouncil.org.uk/wp-content/uploads/6.4143_SC_Domestic_Abuse_Paper_WEB.pdf) (PDF) on October 9, 2018. 1. **[^](#cite_ref-8)** *DPP v Taylor, DPP v Little* [1992] 1 QB 645, 95 Cr App R 28 1. **[^](#cite_ref-9)** ["Criminal Justice Act 1988: Section 39"](https://legislation.gov.uk/ukpga/1988/33/section/39/). *[legislation.gov.uk](/source/Legislation.gov.uk)*. [The National Archives](/source/The_National_Archives_(United_Kingdom)). 1988 c. 33 (s. 39). 1. **[^](#cite_ref-10)** *Haystead v Chief Constable of Derbyshire* [\[2000\] EWHC 181 (QB)](https://www.bailii.org/ew/cases/EWHC/QB/2000/181.html) at 4 (12 May 2000), [High Court](/source/High_Court_of_Justice) (England and Wales). "Although the charge referred to section 39, in truth, common assault by beating remains a common law offence." 1. **[^](#cite_ref-11)** Smith & Hogan (2008). *Criminal Law*. Oxford University Press. p. 584. 1. **[^](#cite_ref-12)** ["Defences, mitigation and criminal responsibility"](https://assets.publishing.service.gov.uk/media/5a82f31ced915d74e3404623/20170523-Chapter_12-Defences_Mitigation_Criminal_responsibility-AL42-v1.pdf) (PDF). *JSP 830 – Manual of service law* – via GOV.UK. 1. **[^](#cite_ref-13)** ["ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ И ЗДОРОВЬЯ - Уголовный кодекс РФ (УК РФ) от 13 June 1996 N 63-ФЗ \ Консультант Плюс"](http://www.consultant.ru/popular/ukrf/10_24.html#p1236) [Crimes Against Life and Health - The Criminal Code of the Russian Federation (Criminal Code) of 13 June 1996 N 63-ФЗ Consultant Plus] (in Russian). Consultant.ru. [Archived](https://web.archive.org/web/20111213170533/http://www.consultant.ru/popular/ukrf/10_24.html#p1236) from the original on December 13, 2011. Retrieved July 1, 2013. 1. **[^](#cite_ref-14)** *[Black's Law Dictionary](/source/Black's_Law_Dictionary)*, Garner, p. 162 1. **[^](#cite_ref-15)** ["794.011 Sexual Battery Unspecified"](https://web.archive.org/web/20070216030020/http://offender.fdle.state.fl.us/offender/QualifyingOffenses.jsp). *offender.fdle.state.fl.us/*. Florida Department of Law Enforcement. Archived from [the original](http://offender.fdle.state.fl.us/offender/QualifyingOffenses.jsp#1130) on February 16, 2007. Retrieved March 4, 2015. 1. **[^](#cite_ref-16)** ["Florida Statute on Aggravated Battery"](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0784%2FSections%2F0784.045.html). Florida Legislature. [Archived](https://web.archive.org/web/20111211195219/http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0784%2FSections%2F0784.045.html) from the original on December 11, 2011. Retrieved December 4, 2011. 1. **[^](#cite_ref-17)** ["Florida Statute on Felony Battery"](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0784%2FSections%2F0784.041.html). Florida Legislature. [Archived](https://web.archive.org/web/20161220111214/http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0784%2FSections%2F0784.041.html) from the original on December 20, 2016. Retrieved December 6, 2016. 1. **[^](#cite_ref-18)** ["Kansas Statutes, Sec. 21-5413. Battery; aggravated battery; battery against certain persons; aggravated battery against certain persons"](http://www.kslegislature.org/li/b2017_18/statute/021_000_0000_chapter/021_054_0000_article/021_054_0013_section/021_054_0013_k/). *Kansas Legislature*. 2017. [Archived](https://web.archive.org/web/20170924041141/http://kslegislature.org/li/b2017_18/statute/021_000_0000_chapter/021_054_0000_article/021_054_0013_section/021_054_0013_k/) from the original on September 24, 2017. Retrieved March 15, 2018. 1. **[^](#cite_ref-19)** ["Subpart B. Assault and Battery (with Related Offenses)"](http://legis.la.gov/lss/lss.asp?doc=78437). *legis.la.gov*. Louisiana State Legislature. Retrieved March 4, 2015.{{[cite web](https://en.wikipedia.org/wiki/Template:Cite_web)}}: CS1 maint: deprecated archival service ([link](https://en.wikipedia.org/wiki/Category:CS1_maint:_deprecated_archival_service)) v t e English criminal law Classes of crimes Indictable Either way Summary Regulatory (lowered mens rea) Statutory Common law Elements of crimes Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Doctrines Lesser included offences Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting a crime Conspiracy Accessory Attempt Common purpose Defences Self-defence Duress Necessity Loss of control Consent inc. participation in a sporting event Medical procedures Prevention of crime Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences Offences against the person Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Unlawful killing Child destruction Concealment of birth 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 resist lawful apprehension Assaulting a constable in the execution of his duty Battery Kidnapping Child abduction False imprisonment Harassment Offences Against the Person Act 1861 Treason Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Unlawful assembly Fear or provocation of violence Harassment, alarm or distress intent aggravates Public Order Act 1986 Incitement to ethnic or racial hatred 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 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 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 Perverting the course of justice Witness intimidation Witness tampering Misprision of treason Jury tampering Assault with intent to resist lawful apprehension Assaulting a constable in the execution of his duty 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 court Fabrication of false evidence Rescuing a prisoner Other common law areas Contract Tort Property Wills Trusts and estates Evidence Criminal procedure English law portal For obsolete aspects see History of English criminal law table v t e Types of crime Note: Crimes vary by jurisdiction. Not all types are listed here. Classes Infraction Misdemeanor Felony Summary Indictable Hybrid Corruption Law portal Against the person Section 'Offense against the person' not found Against property Section 'Crimes against property' not found Against the public Section 'Crimes against the public' not found Against the state Section 'Crimes against the state' not found Against justice Section 'Crimes against justice' not found Against animals Section 'Crimes against animals' not found Sexual offenses Section 'Sexual offenses' not found Inchoate offenses Attempt Conspiracy Incitement Solicitation WikiSource Wikimedia Commons Wikiquote Wikinews --- Adapted from the Wikipedia article [Battery (crime)](https://en.wikipedia.org/wiki/Battery_(crime)) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Battery_(crime)?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.