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 North Dakota, battery is not defined as a separate offense in the criminal code but is encompassed under the offense of assault. According to North Dakota Century Code (NDCC) Section 12.1-17-01, an individual commits an assault if they willfully cause bodily injury to another person, willfully cause another person to fear immediate bodily injury, or willfully engage in conduct which creates a substantial risk of bodily injury to another person. The penalties for assault vary depending on the severity of the injury caused and the circumstances of the offense, ranging from a Class B misdemeanor to a Class A felony. In civil law, battery is recognized as an intentional tort in North Dakota, and a victim can sue the perpetrator for money damages. The elements of a battery in tort law typically include an intentional and offensive or harmful contact with another person without consent.