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 Kentucky, the term 'battery' is not used in the criminal statutes; instead, Kentucky law refers to 'assault' for offenses involving physical harm or offensive contact. Kentucky Revised Statutes (KRS) define various degrees of assault, ranging from Assault in the First Degree (KRS 508.010), which involves serious physical injury and is a Class B felony, to Assault in the Fourth Degree (KRS 508.030), which involves minor physical injury or no injury at all and is a Class A misdemeanor. The penalties for assault in Kentucky vary based on the degree of the offense and can include imprisonment, fines, or both. Additionally, Kentucky recognizes battery as an intentional tort in civil law, meaning that a victim can sue the perpetrator for monetary damages. This civil liability is separate from any criminal charges and is pursued through a personal injury lawsuit in civil court.