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 Oregon, the term 'battery' is not used in the criminal statutes; instead, Oregon law refers to similar conduct as 'assault.' Oregon Revised Statutes (ORS) define various degrees of assault, which range from Assault in the Fourth Degree, a misdemeanor for intentionally, knowingly, or recklessly causing physical injury to another (ORS 163.160), to Assault in the First Degree, a felony for intentionally causing serious physical injury to another under specific circumstances (ORS 163.185). The penalties for assault vary depending on the degree, with more serious assaults carrying harsher penalties, including potential prison time. In civil law, Oregon recognizes battery as an intentional tort, meaning a person can sue for money damages if they have been subjected to harmful or offensive contact without their consent. To succeed in a civil battery claim, 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 or legal justification.