1.109 — AGGRAVATED BATTERY

Violations of "Statute 1.109" results in a Class B Misdemeanor

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(a) Definitions

Aggravated battery is defined as the intentional and unlawful use of force or violence upon the person of another, resulting in serious bodily injury or under circumstances manifesting extreme indifference to the value of human life.

(b) Elements

To prove aggravated 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 resulted in serious bodily injury to the other person or occurred under circumstances manifesting extreme indifference to the value of human life.

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 serious bodily injury or under circumstances manifesting extreme indifference to the value of human life.

(c) Defenses

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

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

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

• Lack of intent: The defendant did not intend to cause serious bodily injury or harm.

(d) Aggravating Factors

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

• Prior convictions for aggravated battery or other violent offenses.

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

• Infliction of permanent disfigurement or disability on the victim.