battery

Intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching. Mason v. Cohn, 108 Misc.2d 674, 438 N.Y.S.2d 462, 464.

Criminal battery, defined as the unlawful application of force to the person of another, may be divided into its three basic elements:

(1) the defendant's conduct (act or omission);

(2) his "mental state," which may be an intent to kill or injure, or criminal negligence, or perhaps the doing of an unlawful act; and

(3) the harmful result to the victim, which may be either a bodily injury or an offensive touching. What might otherwise be a battery may be justified; and the consent of the victim may under some circumstances constitute a defense. Com. v. Hill, 237 Pa.Super. 543, 353 A.2d 870.

The consummation of an unlawful assault. The actual offer to use force to the injury of another person is assault; the use of it is battery, which always includes an assault; hence the two terms are commonly combined in the term "assault and battery." An actor is subject to liability to another for battery if:

(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and

(b) an offensive contact with the person of the other directly or indirectly results. Restatement, Second, Torts No. 18.

See also assault and battery.

@ aggravated battery

An unlawful act of violent injury to the person of another, accompanied by circumstances of aggravation, such as the use of deadly weapon, great disparity between the ages and physical conditions of the parties, or the purposeful infliction of shame and disgrace.

+ aggravated battery

Unlawful application of force to another characterized by unusual or serious consequences or attending circumstances such as a dangerous weapon. This offense was unknown at common law.

See aggravated assault

@ simple battery

One not accompanied by circumstances of aggravation, or not resulting in grievous bodily injury.

@ technical battery

A technical battery occurs when a physician or dentist, in the course of treatment, exceeds the consent given by a patient. Although no wrongful intent is present, and in fact there may be a sincere purpose to aid the patient, recovery is permitted unless there is an emergency. However, if the patient benefits from the battery only nominal damages may be recovered

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