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 Idaho, battery is defined under Idaho Code § 18-903 as any willful and unlawful use of force or violence upon the person of another. It is considered a misdemeanor unless certain aggravating factors are present, which can elevate the charge to a felony. For instance, committing battery with the intent to commit a serious felony, causing bodily harm or using a deadly weapon can lead to more severe charges. The penalties for misdemeanor battery can include fines, imprisonment in a county jail, or both. Additionally, Idaho law allows for battery charges to be enhanced under certain circumstances, such as battery against certain protected classes of individuals (e.g., healthcare workers, school employees, law enforcement officers). As for civil liability, a person who commits battery in Idaho may also be sued in a civil court for damages by the victim. This is separate from any criminal proceedings and is based on the intentional tort of battery, which requires the plaintiff to prove that the defendant intentionally performed a harmful or offensive contact without the plaintiff's consent. If successful, the plaintiff may be awarded compensatory damages for things like medical expenses, lost wages, and pain and suffering, and in some cases, punitive damages to punish the defendant for particularly egregious conduct.