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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.
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 ...
The Louisiana Revised Statutes (R.S.) contain a significant amount of legislation, arranged in titles or codes. [2] Apart from this, the Louisiana Civil Code forms the core of private law, [3] the Louisiana Code of Civil Procedure (C.C.P.) governs civil procedure, the Louisiana Code of Criminal Procedure (C.Cr.P.) governs criminal procedure, the Louisiana Code of Evidence governs the law of ...
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Duncan was arrested and ultimately charged with simple battery. As it was punishable by no more than two years, simple battery is a misdemeanor under Louisiana law and so he was not subject to trial by jury. Duncan was convicted and received a 60-day prison sentence and a fine of $150. He appealed on the grounds that the state had violated the ...
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