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 Ohio, the term 'battery' is not used in the criminal statutes; instead, Ohio law refers to offenses involving harmful or offensive contact as 'assault.' Ohio Revised Code Section 2903.13 defines assault as knowingly causing or attempting to cause physical harm to another or to another's unborn, or recklessly causing serious physical harm to another or to another's unborn. Assault can be charged as a misdemeanor or a felony, depending on the circumstances, such as the severity of injury, the use of a weapon, or the identity of the victim (e.g., law enforcement officer, healthcare worker). Penalties for assault in Ohio range from fines and probation to imprisonment. In civil law, Ohio recognizes battery as an intentional tort, meaning a person can sue for monetary damages if they have been the victim of intentional harmful or offensive contact. The elements of a civil battery claim in Ohio include an act by the defendant that results in harmful or offensive contact with the plaintiff's person, intent to cause the contact or harm, and lack of consent by the plaintiff.
