Battery (tort) facts for kids
Battery is a legal term for when someone intentionally touches another person without their permission. It's about doing something physical to someone else when they haven't agreed to it. This can mean a lot of different things, from a shove to a punch. The main idea is that every person has the right to decide who can touch them and how.
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What is Battery?
Battery happens when someone makes unwanted physical contact with another person on purpose. This contact doesn't always have to be violent or cause injury. Even a small touch can be considered battery if it's done without permission and is offensive or harmful.
Why is Permission Important?
Think about it this way: you have a personal space around you. Battery is about someone entering or affecting that space without your okay. If you're playing a sport, you agree to certain kinds of contact. But if someone pushes you for no reason, that's different.
Battery as a Civil Wrong
In law, battery can be seen as a "civil wrong," also called a tort. This means that if someone commits battery against you, you might be able to take legal action against them. This kind of action usually involves asking for money to cover any harm or discomfort caused. It's different from a crime, which is when the government punishes someone for breaking a law.
Battery and Assault
Sometimes, you might hear the terms "assault" and "battery" together. They are related but mean slightly different things:
- Assault is usually about making someone feel afraid that they are about to be harmed. It's the threat or the fear, not the actual physical contact.
- Battery is the actual unwanted physical contact.
So, someone might commit assault by threatening to hit you, and then commit battery if they actually do hit you. In some places, the word "assault" is used to cover both the threat and the actual physical contact.
Examples of Battery
Battery can happen in many everyday situations. Here are a few simple examples:
- Pushing someone without their permission.
- Hitting someone.
- Throwing something at someone that hits them.
- Even spitting on someone can be considered battery because it's unwanted physical contact.
The key is that the person doing the touching intends to make contact, and the other person does not agree to it.
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