1.108 — BATTERY

Violations of "Statute 1.108" results in a Class D Misdemeanor

---

(a) Definitions

Battery is defined as the intentional and unlawful use of force or violence upon the person of another.

(b) Elements

To prove battery, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant intentionally touched or made physical contact with another person.

2. The touching was harmful or offensive to the other person.

3. The defendant's actions were unlawful, without legal justification, excuse, or consent.

4. The defendant's actions were committed willfully and with the intent to cause harm or offense.

(c) Defenses

Defenses to a charge of battery may include, but are not limited to:

• Self-defense: The defendant reasonably believed they were in imminent danger of bodily harm and used force to defend themselves.

• Defense of others: The defendant used force to protect another person from imminent bodily harm.

• Consent: The alleged victim consented to the touching or physical contact.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for battery or other violent offenses.

• Use of a deadly weapon or instrumentality in the commission of the battery.

• Infliction of serious bodily injury or permanent disfigurement on the victim.