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 South Dakota, battery is addressed under the state's criminal statutes as 'simple assault,' which encompasses acts of battery. According to South Dakota Codified Laws (SDCL) §22-18-1, simple assault includes intentionally causing bodily injury to another, attempting to cause bodily injury to another, or causing bodily injury to another by recklessly handling a dangerous weapon. The penalties for simple assault can range from a Class 2 misdemeanor to a Class 1 felony, depending on factors such as the severity of the injury, the use of a dangerous weapon, and the victim's status (e.g., law enforcement officer, pregnant woman). South Dakota does not have a separate statute for battery; instead, it is prosecuted under the assault laws. Additionally, in civil law, battery is recognized as an intentional tort in South Dakota, which means a victim can sue the perpetrator for monetary damages in a civil court for the harmful or offensive contact that occurred without the victim's consent.