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 Nebraska, battery is not specifically defined as a standalone offense in the criminal statutes; instead, it is encompassed under the broader term 'assault.' Nebraska Revised Statute 28-310 to 28-311.04 outlines various degrees of assault, which include intentional harmful or offensive contact. Assault in the first degree, for example, involves intentionally causing serious bodily injury to another, and it is classified as a Class II felony. Lesser degrees of assault may involve less severe physical contact or threats and carry varying penalties. As for civil liability, individuals in Nebraska can still be sued for battery as an intentional tort in civil court. In such cases, the plaintiff must prove that the defendant intentionally performed an act that resulted in harmful or offensive contact with the plaintiff's person without consent. If proven, the defendant may be liable for monetary damages to compensate for injuries and other losses resulting from the battery.