Sexual battery can occur while the victim is clothed, as well as unclothed. However, as previously mentioned, this can vary by jurisdiction due to the fact that the crime of simple battery is governed by state statutes. Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony. Under common law, which is the system of law based on judges’ decisions and case law, simple battery was considered to be a misdemeanor. battery: At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. Its essential element, harmful or offensive contact, is the same in both areas of the law. It could either be a misdemeanor or a felony according to common law. Battery: Definition. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. The severity of harm caused decides the charge of an assault and battery case. Generally, simple battery will be a criminal misdemeanor charge. Contents 1 Defin Depending on the state, it is punishable by 5-25 years in prison. Many states treat assault and battery as two separate crimes, whereas some treat them as the same. ARTICLE 2 - ASSAULT AND BATTERY § 16-5-23.1 - Battery O.C.G.A. In both criminal and civil law, "battery" is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent).A battery is often confused with an assault, which is merely the act of threatening a battery, or of placing another in fear or apprehension of an impending and immediate battery. Battery is, in many ways, the completion of an assault. The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. However, while some states use the term “sexual battery” to describe sexual touching of a criminal nature, other states use the term to refer to the more serious sex crimes of rape or forced penetration. Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Battery (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. 16-5-23.1 (2010) 16-5-23.1. Battery is both a tort and a crime. Assault and battery are a combination of threat and physical harm. 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