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In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. [12] At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt: an unlawful application of force; to the person of another
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. [8]
The elements of battery common law varies by jurisdiction. In the United States, the American Law Institute's Restatement of Torts provides a general rule to determine liability for battery: [25] An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if:
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...
A battery can occur without a preceding assault, such as if a person is struck in the back of the head. An assault can be an attempted battery. I.e. 'If Henry points a gun at Thomas he has committed an assault. It makes no difference whether the gun is loaded,' [4] But 'Henry will only commit a battery if he shoots the gun and hits Thomas'. [4]
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Md. Code Ann., Criminal Law § 3-303 Life without parole or any other term (only an option if the defendant was under 18) Rape in the Second Degree Md. Code Ann., Criminal Law § 3-304 Up to 20 years Aggravated Rape in the Second Degree Md. Code Ann., Criminal Law § 3-304(c)(2) Life or any term not less than 15 years