In addition, the physical contact can be made on something closely connected to a person. The touch in question does not have to cause pain or injury. Making any contact with a person, even if it is just through his or her clothing, is also enough to violate the statute. The slightest touch can be enough to satisfy the battery statute, if it is done in a rude or angry manner. AND the defendant did not act in self defense, in defense of someone else, or while reasonably disciplining a child.The defendant intentionally and unlawfully touched another person in a harmful or offensive manner. ![]() To prove a charge of battery, a prosecutor must be able to establish the following elements: Battery is often discussed in connection with the offense of assault under California Penal Code Section 240 PC, however these are two separate crimes composed of their own individual elements. Battery under California Penal Code Section 242 PC is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on another person.
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