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I've heard two attorneys discussing assault vs. battery, and IIRC one said that assault without battery was not a crime (per se, e.g., the act could be a crime as intimidation, but not as assault) in their jurisdiction (and the other did not protest).
My dictionary says lawful battery is by definition contradictory, but the assault thing above is so unexpected that confirmation would be worthwhile. If contact sports and surgery are forms of battery, and normally lawful due to their relatively benign intent, the article needs fixing, and the title of the article should instead be Battery (law). --Jerzy(t) 23:36, 2004 Apr 14 (UTC)
- Your concerns appear to have been addressed by the article battery (tort). I have tried to expand the article by introducing gradations of the criminal offense, mostly based on the penal code of Georgia (U.S. state). Ellsworth 23:40, 3 Feb 2005 (UTC)
The article only deals with US law. English law is distinctly different from most US jurisdictions, predominantly in its lack of statutory defintions of assault or battery. There are also different definitions in England and Wales (a single jurisdction within the UK). I have corrected the section on the English law of battery with statutory references and the key cases.
"Directing bodily secretions" seems quite vague for a legal definition. Would spitting at someone then be considered aggravated battery? --18.104.22.168 19:26, 28 September 2007 (UTC)
US law, common law elements, and distinctions between assault and battery
I reorganized this article slightly and added the common law elements of battery. I created a separate section for U.S. law and, within that section, a subheading for the distinction between assault and battery. Finally, I added the language concerning the common law elements. --G77 (talk) 22:16, 25 January 2008 (UTC)
- No, no america's culture of bullyism doesn't have a common law charge. You can push someone in a hostile manner in public or private and literally get away with it by not reacting. If you hit someone and don't hit back, the cops can literally threaten the life of the person who hits back in this example here. I would remove any notions of it imho from this country in particular, USA. I would add this law to the hungarian section.
Link to dangerous Russian website
In the section about Russia, there is a link to russian-criminal-code.com. This website appears to host viruses/malware. See http://www.mywot.com/en/scorecard/russian-criminal-code.com for reference. I have removed the link as a safety measure. — Preceding unsigned comment added by Urbanus Secundus (talk • contribs) 00:09, 8 November 2011 (UTC)
Intro needs fixing by a law expert
Most legal pages describing battery describe it as unlawful "physical violence" and not as "physical contact" as in the intro of this article. Even Wikipedia's own Assault and Battery page uses the term "physical violence". Also, Black's Law dictionary is used to cite "harmful, offensive, or sexual contact" as the correct definition. The version that is available online only mentions "physical violence or constraint". There is no mention of offensive contact or sexual contact. There clearly must be a difference between unwanted "physical contact" and "physical violence" as being battery, or you couldn't bump into somebody, or brush into others at the train station or sidewalk, and security guards couldn't push people, etc. This seems to be mentioned later on as "an unlawful application of force" in the U.S. section and by "this does not include everyday knocks and jolts" for the U.K. section, but no distinction in made in the introduction that "physical contact" is violent or offensive, leading one to believe than innocent contact is illegal also. This can be corrected by simply changing "physical contact" to "physical violence" since not all contact is violent. — Preceding unsigned comment added by 22.214.171.124 (talk) 07:31, 30 October 2015 (UTC)