Battery is generally a harmful or offensive contact with another person, without the person’s consent. Battery may be the basis for a criminal charge or offense. The definition and penalties for battery vary from state to state, and are usually located in a state's penal or criminal code (statutes). In some states the crimes of assault and battery are merged into one criminal offense.
Battery is also recognized in tort law as an intentional tort, and may result in civil liability (money damages) in a lawsuit against a person who commits battery.
In Iowa, the term 'battery' is not used in the criminal code; instead, Iowa law refers to 'assault' which encompasses what many other states may refer to as both assault and battery. Under Iowa Code Section 708.1, an assault is defined as any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act. Additionally, any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, or the intentional pointing of a firearm at another, or the intentional display of a dangerous weapon in a threatening manner may also constitute an assault. Penalties for assault in Iowa vary depending on the circumstances and can range from a simple misdemeanor to a felony, with corresponding fines and potential jail or prison time. In civil law, battery in Iowa is considered an intentional tort, as it is in other states. A person who commits battery may be held liable in a civil lawsuit for money damages to compensate the victim for injuries and other losses resulting from the harmful or offensive contact. The elements of a civil battery generally include an intentional act by the defendant that causes harmful or offensive contact with the plaintiff's person without consent. The burden of proof is on the plaintiff to establish these elements in a civil court to recover damages.