When a battery is committed with intent to do serious harm or murder, or when it is done with a dangerous weapon, it is described as aggravated. A defendant who fails to act when he or she has a duty to do so is guilty-as where a nurse fails to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself. Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. A defendant who whipped a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured, was found guilty of battery. It is sufficient if the act sets in motion a force that results in the contact. Harmful or Offensive Conduct It is not necessary for the defendant's wrongful act to result in direct contact with the victim. It is no defense that the victim was sleeping or unconscious at the time. The gist of the action is the lack of consent to contact. There is no requirement that the plaintiff be aware of a battery at the time it is committed. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. Under certain circumstances consent to a battery is assumed. As with all torts, however, consent is a defense. Intent is not negated if the aim of the contact was a joke. The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence. The intent element is satisfied in Criminal Law when the act is done with an intent to injure or with criminal negligence-failure to use care to avoid criminal consequences. In Tort Law, the intent must be either specific intent-the contact was specifically intended-or general intent-the defendant was substantially certain that the act would cause the contact. Intent Although the contact must be intended, there is no requirement that the defendant intend to harm or injure the victim. For example, a battery may be committed by intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand. Touching the person of someone is defined as including not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person's hand. Examples include spitting in someone's face or offensively touching someone against his or her will. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim.
![how to use someone as a magic battery how to use someone as a magic battery](https://i.pinimg.com/originals/47/f1/3d/47f13de85c631412f2e2910e0a582735.jpg)
Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery occurrence of a physical illness subsequent to the contact may also be actionable. Causing any physical harm or injury to the victim-such as a cut, a burn, or a bullet wound-could constitute battery, but actual injury is not required.
![how to use someone as a magic battery how to use someone as a magic battery](https://www.partitionwizard.com/images/uploads/articles/2021/08/view-battery-usage-by-apps-in-win11/view-battery-usage-by-apps-in-win11-thumbnail.jpg)
The Act The act must result in one of two forms of contact. The following elements must be proven to establish a case for battery: (1) an act by a defendant (2) an intent to cause harmful or offensive contact on the part of the defendant and (3) harmful or offensive contact to the plaintiff.
![how to use someone as a magic battery how to use someone as a magic battery](https://techcrunch.com/wp-content/uploads/2020/11/BlackMagic-Disk-Speed.png)
Usually battery is prosecuted as a crime only in cases involving serious harm to the victim. The punishment for criminal battery is a fine, imprisonment, or both. A defendant sued for a tort is civilly liable to the plaintiff for damages. The main distinction between the two categories lies in the penalty imposed. Its essential element, harmful or offensive contact, is the same in both areas of the law. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.īattery is concerned with the right to have one's body left alone by others.īattery is both a tort and a crime.