battery

Battery is the intentional infliction of harmful or offensive physical contact with another person without consent. It is both an intentional tort and a crime. 

Tort law

The intent for battery may be shown if the defendant acted with the purpose of causing contact or knew with substantial certainty that contact would result. Contact may extend not only to the plaintiff’s body but also to items closely connected to it, such as clothing or objects held in hand.

Prima facie (civil battery):

  • The defendant acted.
  • The defendant intended to cause contact with the plaintiff.
  • The contact was harmful or offensive.
  • The contact resulted in harm or offense to the plaintiff.

A harmful contact is one that causes physical impairment or injury. An offensive contact is one that would offend a reasonable sense of personal dignity under an objective standard. If the defendant knows of the plaintiff’s special sensitivity and exploits it, liability may still attach. Consent, whether express (such as agreement) or implied (such as participating in a sport), is a defense.

A plaintiff does not need to prove actual damages to establish liability for battery. The law recognizes harmful or offensive contact itself as an injury, so nominal damages may be awarded, and punitive damages may be imposed if the defendant acted with malice. Under the eggshell skull rule, a defendant is liable for all consequences of their actions even if the plaintiff had an unforeseen preexisting condition.

Criminal law

Many jurisdictions merge assault and battery into the single offense of assault, though some maintain battery as a distinct crime defined as the unlawful application of force resulting in bodily injury or offensive contact. As a general intent crime, battery does not require proof of specific intent beyond the intent to commit the contact. Defenses include consent, self-defense, and defense of others, so long as the response is reasonable under the circumstances. Aggravated battery involves additional factors such as use of a deadly weapon or causing serious bodily harm and carries harsher penalties.

See: Justia: Assault and Battery Laws

[Last reviewed in August of 2025 by the Wex Definitions Team] 

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