battery

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Background

Benjamin Franklin's famous experiment to attract electricity by flying a kite in a lightning storm was only one of many late eighteenth- and early nineteenth-century experiments conducted to learn about electricity. The first battery was constructed in 1800 by Italian Alessandro Volta. The so-called voltaic pile consisted of alternating discs of silver and zinc separated by leather or pasteboard that had been soaked in salt water, lye, or some alkaline solution. Strips of metal at each end of the pile were connected to small cups filled with mercury. When Volta touched both cups of mercury with his fingers, he received an electric shock; the more discs he assembled, the greater the jolt he received.

Volta's discovery led to further experimentation. In 1813, Sir Humphrey Davy constructed a pile with 2,000 pairs of discs in the basement of the Royal Institution of London. Among other applications, Davy used the electricity he produced for electrolysis—catalyzing chemical reactions by passing a current through substances (Davy separated sodium and potassium from compounds). Only a few years later, Michael Faraday discovered the principle of electromagnetic induction, using a magnet to induce electricity in a coiled wire. This technique is at the heart of the dynamos used to produce electricity in power plants today. (While a dynamo produces alternating current (AC) in which the flow of electricity shifts direction regularly, batteries produce direct current (DC) that flows in one direction only.) A lead-acid cell capable of producing a very large amount of current, the forerunner of today's automobile battery, was devised in 1859 by Frenchman Gaston Planté.

In the United States, Thomas Edison was experimenting with electricity from both batteries and dynamos to power the light bulb, which began to spread in the United States in the early 1880s. During the 1860s, Georges Leclanché invented the wet cell, which, though heavy because of its liquid components, could be sold and used commercially. By the 1870s and 1880s, the Leclanché cell was being produced using dry materials and was used for a number of tasks, including providing power for Alexander Graham Bell's telephone and for the newly-invented flashlight. Batteries were subsequently called upon to provide power for many other inventions, such as the radio, which became hugely popular in the years following World War I. Today, more than twenty billion power cells are sold throughout the world each year, and each American uses approximately 27 batteries annually.

Design

All batteries utilize similar procedures to create electricity; however, variations in materials and construction have produced different types of batteries. Strictly speaking, what is commonly termed a battery is actually a group of linked cells. The following is a simplified description of how a battery works.

Two important parts of any cell are the anode and the cathode. The cathode is a metal that is combined, naturally or in the laboratory, with oxygen—the combination is called an oxide. Iron oxide (rust), although too fragile to use in a battery, is perhaps the most familiar oxide. Some other oxides are actually strong enough to be worked (cut, bent, shaped, molded, and so on) and used in a cell. The anode is a metal that would oxidize if it were allowed to and, other things being equal, is more likely to oxidize than the metal that forms part of the cathode.

A cell produces electricity when one end of a cathode and one end of an anode are placed into a third substance that can conduct electricity, while their other ends are connected. The anode draws oxygen atoms toward it, thereby creating an electric flow. If there is a switch in the circuit (similar to any wall or lamp switch), the circuit is not complete and electricity cannot flow unless the switch is in the closed position. If, in addition to the switch, there is something else in the circuit, such as a light bulb, the bulb will light from the friction of the electrons moving through it.

The third substance into which the anode and the cathode are placed is called an electrolyte. In many cases this material is a chemical combination that has the property of being alkaline. Thus, an alkaline battery is one that makes use of an alkaline electrolyte. A cell will not produce electricity by itself unless it is placed in a circuit that has been rendered complete by a simple switch, or by some other switching connection in the appliance using the battery.

Designing a cell can lead to many variations in type and structure. Not all electrolytes, for example, are alkaline. Additionally, the container for the electrolyte can act as both a container and either the cathode or the anode. Some cells draw their oxygen not from a cathode but right out of the air. Changes in the compositions of the anode and the cathode will provide more or less electricity. Precise adjustment of all of the materials used in a cell can affect the amount of electricity that can be produced, the rate of production, the voltage at which electricity is delivered through the lifetime of the cell, and the cell's ability to function at different temperatures.

All of these possibilities do, in fact, exist, and their various applications have produced the many different types of batteries available today (lithium, mercury, and so on). For years, however, the most common cell has been the 1.5 volt alkaline battery.

Different batteries function better in different circumstances. The alkaline 1.5 volt cell is ideal for photographic equipment, handheld computers and calculators, toys, tape recorders, and other "high drain" uses; it is also good in low temperatures. This cell has a sloping discharge characteristic—it loses power gradually, rather than ceasing to produce electricity suddenly—and will lose perhaps four percent of its power per year if left unused on a shelf.

Other types of batteries include a lithium/manganese dioxide battery, which has a flat discharge characteristic—it provides approximately the same amount of power at the beginning of its life as at the end—and can be used where there is a need for small, high-power batteries (smoke alarms, cameras, memory backups on computers, and so on). Hearing aids, pagers, and some other types of medical equipment frequently use zinc air button type batteries, which provide a high energy density on continuous discharge. A mercury battery is frequently used in many of the same applications as the zinc air battery, because it, too, provides a steady output voltage.

Raw Materials

This section, as well as the following section, will focus on alkaline batteries. In an alkaline battery, the cylinder that contains the cells is made of nickel-plated steel. It is lined with a separator that divides the cathode from the anode and is made of either layered paper or a porous synthetic material. The canister is sealed at one end with an asphalt or epoxy sealant that underlies a steel plate, and at the other with a brass nail driven through the cylinder. This nail is welded to a metal end cap and passed through an exterior plastic seal. Inside the cylinder, the cathode consists of a mixture of manganese dioxide, graphite, and a potassium hydroxide solution; the anode comprises zinc powder and a potassium hydroxide electrolyte.

The Manufacturing
Process

The cathode

• In an alkaline battery, the cathode actually doubles as part of the container. Huge loads of the constituent ingredients—manganese dioxide, carbon black (graphite), and an electrolyte (potassium hydroxide in solution)—are delivered by train and mixed in very large batches at the production site. The mixture is then granulated and pressed or compacted into hollow cylinders called preforms. Depending on the size of the battery being made, several preforms may be stacked one on top of another in a battery. Alternatively, the series of preforms can be replaced by an extruded ring of the same material.
• The preforms are next inserted into a nickel-plated steel can; the combination of the preforms and the steel can make up the cathode of the battery. In a large operation, the cans are made at the battery factory using standard cutting and forming techniques. An indentation is made near the top of the can, and an asphalt or epoxy sealant is placed above the indentation to protect against leakage.

The separator

• A paper separator soaked in the electrolyte solution is then inserted inside the can against the preforms; the separator is made from several pieces of paper laid at crossgrains to each other (like plywood). Looking down at an open can, one would see what looks like a paper cup inserted into the can. The separator keeps the cathode material from coming into contact with the anode material. As an alternative, a manufacturer might use a porous synthetic fiber for the same purpose.

The anode

• The anode goes into the battery can next. It is a gel composed primarily of zinc powder, along with other materials including a potassium hydroxide electrolyte. This gel has the consistency of a very thick paste. Rather than a solution, it is chemically a suspension, in which particles do not settle (though an appropriate filter could separate them). The gel does not fill the can to the top so as to allow space for the chemical reactions that will occur once the battery is put into use.

The seals

• Though the battery is able to produce electricity at this point, an open cell is not practical and would exhaust its potential rapidly. The battery needs to be sealed with three connected components. The first, a brass "nail" or long spike, is inserted into the middle of the can, through the gel material and serves as a "current collector." The second is a plastic seal and the third a metal end cap. The nail, which extends about two-thirds of the way into the can, is welded to the metal end cap and then passed through the plastic seal.
• This seal is significantly thinner in some places than in others, so that if too much gas builds up in the can, the seal will rupture rather than the entire battery. Some battery designs make use of a wax-filled hole in the plastic; excess gas pushes through the wax rather than rupturing the battery. The seal assembly meets the indentation made in the can at the beginning of the process and is crimped in place.
• The opposite end of the can (the positive end of the battery) is then closed with a steel plate that is either welded in place or glued with an epoxy-type cement.

The label

• Before the battery leaves the factory, a label is added identifying the type of battery, its size, and other information. The label is often paper that is simply glued to the battery. One large manufacturer has its label design printed on plastic shrink wrap: a loose fitting piece of heat-sensitive plastic is wrapped around the battery can and then exposed to a blast of heat that makes the plastic shrink down to fit tightly around the can.

Quality Control

Because battery technology is not especially new or exotic, quality control and its results are especially important as the basis for brand competition. The ability of a battery to resist corrosion, to operate well under a variety of conditions, to maintain a good shelf and usage life, and other factors, are the direct results of quality control. Batteries and ingredients are inspected and tested at almost all stages of the production process, and the completed batches are subjected to stringent tests.

Environmental Issues

Although making batteries does present some environmental obstacles, none are insurmountable. Zinc and manganese, the major chemicals in alkaline batteries, do not pose environmental difficulties, and both are considered safe by the Food and Drug Administration (FDA). The major potential pollutant in batteries is mercury, which commonly accompanies zinc and which was for many years added to alkaline batteries to aid conductivity and to prevent corrosion. In the mid-1980s, alkaline batteries commonly contained between five and seven percent mercury.

When it became apparent several years ago that mercury was an environmental hazard, manufacturers began seeking ways to produce efficient batteries without it. The primary method of doing this focuses on better purity control of ingredients. Today's alkaline batteries may contain approximately .025 percent mercury. Batteries with no added mercury at all (it is a naturally occurring element, so it would be difficult to guarantee a product free of even trace qualities) are available from some manufacturers and will be the industry-wide rule rather than the exception by the end of 1993.

The Future

Batteries are currently the focus of intense investigation by scientists and engineers around the world. The reason is simple: several key innovations depend on the creation of better batteries. Viable electric automobiles and portable electronic devices that can operate for long periods of time without needing to be recharged must wait until more lightweight and more powerful batteries are developed. Typical lead-acid batteries currently used in automobiles, for instance, are too bulky and cannot store enough electricity to be used in electric automobiles. Lithium batteries, while lightweight and powerful, are prone to leaking and catching fire.

In early 1993, scientists at Arizona State University announced that they had designed a new class of electrolytes by dissolving polypropylene oxide and polyethylene oxide into a lithium salt solution. The new electrolytes appear to be highly conductive and more stable than typical lithium electrolytes, and researchers are now trying to build prototype batteries that use the promising substances.

In the meantime, several manufacturers are developing larger, more powerful nickel-metal hydride batteries for use in portable computers. These new batteries are expected to appear in late 1994.

Where To Learn More

Books

Packaged Power. Duracell International Inc., 1981.

Periodicals

"Plastic May Recharge Battery's Future," Design News. November 17, 1986, p. 24.

Greenberg, Jeff. "Packing Power: Subnotebook Batteries, Power Management," PC Magazine. October 27, 1992, p. 113.

Leventon, William. "The Charge Toward a Better Battery: Designing a Long-Life Battery," Design News. November 23, 1992, p. 91.

Methvin, Dave. "Battery Contenders Face-Off in Struggle To Dominate Market," PC Week. November 12, 1990, p. S21.

Schmidt, K. F. "Rubbery Conductors Aim at Better Batteries," Science News. March 13, 1993, p. 166.

Zimmerman, Michael R. "Better Batteries on the Way: Nickel-Metal Hydride Is Short-Term Winner," PC Week. April 26, 1993, p. 25.

[Article by: Lawrence H. Berlow]

An electrochemical device that stores chemical energy which can be converted into electrical energy, thereby providing a direct-current voltage source. Although the term “battery” is properly applied to a group of two or more electrochemical cells connected together electrically, both single-cell and multicell devices are called battery. See also Electrochemistry; Electromotive force (cells).

The two general types are the primary battery and the secondary battery. The primary battery delivers current as the result of a chemical reaction that is not efficiently reversible. Practically, this makes the primary battery nonrechargeable. Only one intermittent or continuous discharge can be obtained before the chemicals placed in it during manufacture are consumed. Then the discharged primary battery must be replaced. The secondary or storage battery is rechargeable because it delivers current as the result of a chemical reaction that is easily reversible. When a charging current flows through its terminals in the direction opposite to the current flow during discharge, the active materials in the secondary battery return to approximately their original charged condition.

The cell is the basic electrochemical unit. It has three essential parts: (1) a negative electrode (the anode) and (2) a positive electrode (the cathode) that are in contact with (3) an electrolyte solution. The electrodes are metal rods, sheets, or plates that are used to receive electrical energy (in secondary cells), store electrical energy chemically, and deliver electrical energy as the result of the reactions that occur at the electrode-solution surfaces. Solid polymer or plastic active materials have been developed that can serve as the cathode in rechargeable batteries. The electrolyte is a chemical compound (salt, acid, or base) that when dissolved in a solvent forms a solution that becomes an ionic conductor of electricity, but essentially insulating toward electrons—properties that are prerequisites for any electrolyte. In the cell or battery, this electrolyte solution is the conducting medium in which the flow of electric current between electrodes takes place by the migration of ions. When water is the solvent, an aqueous solution is formed. Some cells have a nonaqueous electrolyte, for example, when alcohol is used as the solvent. Other cells have a solid electrolyte that when used with solid electrodes can form a leak-free solid-state cell or battery.

During charging of a secondary cell, the negative electrode becomes the cathode and the positive electrode becomes the anode. However, electrode designation as positive or negative is unaffected by the operating mode of the cell or battery. Two or more cells internally connected together electrically, in series or parallel, form a battery of a given voltage. Typical are the rectangular 9-V primary battery, which has six flat 1.5-V zinc-carbon or alkaline “dry” cells connected in series, and the 12-V automotive or secondary battery, which has six 2.1-V lead-acid “wet” cells connected in series.

A primary cell or battery is not intended to be recharged and is discarded when it has delivered all its electrical energy (see illustration). Several kinds of primary cell are widely used, particularly in portable devices and equipment, providing freedom from the dependence on alternating-current line power. They are convenient, lightweight, and usually relatively inexpensive sources of electrical energy that provide high energy density (long service life) at low-to-moderate or intermittent discharge rates, good shelf life, and ease of use while requiring little or no maintenance.

Diagram of a zinc-alkaline-manganese dioxide cylindrical cell.

Primary cells are classified by their electrolyte, which may be described as aqueous, nonaqueous, aprotic, or solid. In most primary cells the electrolyte is immobilized by a gelling agent or mixed as a paste, with the term “dry cell” commonly applied to the zinc-carbon Leclanche cell and sometimes to other types. An aqueous electrolyte or electrolyte system is used in zinc-carbon, magnesium, alkaline-manganese dioxide, mercuric oxide, silver oxide, and zinc-air cells. Nonaqueous electrolyte systems are used in lithium cells and batteries. See also Electrolyte.

Secondary batteries (also known as accumulators) are rechargeable. This means that the electrochemical reactions in the cell must be reversible so that if the load in the external circuit is replaced by a power supply, the reactions in the cell can be forced to run in reverse, thereby restoring the driving force for reaction and hence recharging the cell. The paradigm of battery design is to identify a chemical reaction with a strong driving force and then to fashion a cell that requires the reaction to proceed by a mechanism involving electron transfer, thereby making electrons available to a load in the external circuit. The magnitude of the driving force will determine cell voltage; the kinetics of reaction will determine cell current.

Most batteries have solid electrodes and a liquid electrolyte. However, there are examples of batteries in which the anode and cathode are both liquid, and the electrolyte is solid.

The lead-acid battery is the dominant secondary battery, used in a wide variety of applications, including automotive SLI (starting, lighting, ignition), traction for industrial trucks, emergency power, and UPS (uninterruptible power supplies). The attributes of lead-acid batteries include low cost, high discharge rate, and good performance at subambient temperatures. The anode is metallic lead. The cathode active material is lead dioxide, which is incorporated into a composite electrode also containing lead sulfate and metallic lead. The electrolyte is an aqueous solution of sulfuric acid, 37% by weight when the battery is fully charged.

Other secondary types include the nickel-cadmium, nickel-metal hydride, silver-zinc, sodium-sulfur, zinc-air, lithium-ion, and lithium-solid polymer electrolyte battery.

A device that produces an electric current by harnessing the chemical reaction s that take place within its cells.

Definition: series of similar things
Antonyms: individual

Term used for the Baroque practice of arpeggiating passages notated as chords.

1. A combination of two or more electric cells capable of storing and supplying direct current by electrochemical means.
2. Any group of two or more similar adjacent plumbing fixtures which discharge into a common horizontal waste or soil branch.

At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another.

Battery is concerned with the right to have one's body left alone by others.

Battery is both a tort and a crime. Its essential element, harmful or offensive contact, is the same in both areas of the law. The main distinction between the two categories lies in the penalty imposed. A defendant sued for a tort is civilly liable to the plaintiff for damages. The punishment for criminal battery is a fine, imprisonment, or both. Usually battery is prosecuted as a crime only in cases involving serious harm to the victim.

Elements

The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.

The Act

The act must result in one of two forms of contact. Causing any physical harm or injury to the victim — such as a cut, a burn, or a bullet wound — could constitute battery, but actual injury is not required. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will.

Touching the person of someone is defined as including not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person's hand. For example, a battery may be committed by intentionally knocking a hat off someone's head or knocking a glass out of someone's hand.

Intent

Although the contact must be intended, there is no requirement that the defendant intend to harm or injure the victim. In tort law, the intent must be either specific intent— the contact was specifically intended — or general intent — the defendant was substantially certain that the act would cause the contact. The intent element is satisfied in criminal law when the act is done with an intent to injure or with criminal negligence — failure to use care to avoid criminal consequences. The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence.

Intent is not negated if the aim of the contact was a joke. As with all torts, however, consent is a defense. Under certain circumstances consent to a battery is assumed. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning.

There is no requirement that the plaintiff be aware of a battery at the time it is committed. The gist of the action is the lack of consent to contact. It is no defense that the victim was sleeping or unconscious at the time.

Harmful or Offensive Conduct

It is not necessary for the defendant's wrongful act to result in direct contact with the victim. It is sufficient if the act sets in motion a force that results in the contact. A defendant who whipped a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured, was found guilty of battery. Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. A defendant who fails to act when he or she has a duty to do so is guilty — as where a nurse fails to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself.

Aggravated Battery

When a battery is committed with intent to do serious harm or murder, or when it is done with a dangerous weapon, it is described as aggravated. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways — such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a felony in all states.

Punishment

In a civil action for tortious battery, the penalty is damages. A jury determines the amount to be awarded, which in most cases is based on the harm done to the plaintiff. Even though a plaintiff suffers no actual injury, nominal damages (a small sum) may still be awarded on the theory that there has been an invasion of a right. Also, a court may award punitive damages aimed at punishing the defendant for the wrongful act.

Criminal battery is punishable by a fine, imprisonment, or both. If it is considered aggravated the penalties are greater.

A DC voltage source containing two or more cells that convert chemical energy to electrical energy.

A grouping of artillery pieces for tactical purposes; the guns of a warship; an artillery unit in the army equivalent to a company.

An artillery unit equivalent to an infantry company. Usually six guns used in support of an infantry battalion.

(DOD, NATO) 1. Tactical and administrative artillery unit or subunit corresponding to a company or similar unit in other branches of the Army. 2. All guns, torpedo tubes, searchlights, or missile launchers of the same size or caliber or used for the same purpose, either installed in one ship or otherwise operating as an entity.

LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

• Machinery and Mechanical Devices - battery: device that generates electricity by chemical reaction
• Electricity and Electronics - battery: number of primary or secondary cells that work together to produce flow of electric charge
• Working Parts - battery: electrochemical storage unit of 6 or 12 volts
• Crimes, Criminals, and Civil Offenders - battery: unlawful act of touching, beating, or inflicting physical violence on another person; assault
• War Machinery and War Zones - battery: tactical unit of artillery composed of six guns; two or more artillery pieces; guns on battleship
• Tools, Techniques, Principles, and Practitioners - battery: combination of various tests and measurements
• Baseball - battery: the tandem of pitcher and catcher
• Crimes - battery: physical violence upon another person, esp. beating
• Attacks - battery: physical beating of a person

This article is about the crime. For the tortious aspects of battery, see Battery (tort). For other uses of the word "battery", see Battery.

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010)

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Criminal justice Law
v t e

Battery is a criminal offence involving unlawful physical contact, distinct from assault which is the apprehension, not fear, of such contact.

In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact.^[1] It is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances. Battery was defined at common law as "any unlawful touching of the person of another by the aggressor himself, or by a substance put in motion by him."^[2] In most cases, battery is now governed by statute, and its severity is determined by the law of the specific jurisdiction.

Contents 1 Generally 2 Specific countries 2.1 Russia 2.2 United Kingdom 2.2.1 England and Wales 2.2.1.1 Whether it is a statutory offence 2.2.1.2 Mode of trial and sentence 2.2.2 Scotland 2.3 United States 2.3.1 Jurisdictional differences 2.3.2 Distinction between battery and assault 3 See also 4 References

Generally

Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that:

1. an offensive touching or contact is made upon the victim, instigated by the actor; and
2. the actor intends or knows that his action will cause the offensive touching.

Under the Model Penal Code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. Battery is typically classified as either simple or aggravated. Although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure.

Specific countries

Russia

There is an offence which could be (loosely) described as battery in Russia. Article 116 [1] of the Russian Criminal Code provides that battery or similar violent actions which cause pain are an offence.

United Kingdom

England and Wales

Battery is an offence under the law of England and Wales.

Battery involves unlawfully touching another person (this does not include everyday knocks and jolts to which people silently consent as the result of crowds). No physical injury is necessary. Battery is distinguished from the offence of common assault, where the victim is caused to apprehend the immediate commission of a battery.

The terms "battery" and "beat" are not normally used (if at all) in statutory provisions creating offences of aggravated assault. A former exception to this was section 43 of the Offences against the Person Act 1861 (aggravated assault or battery on a female or a boy under 14). The term "assault" in such provisions generally includes battery.

There is no offence called "sexual battery", but the offence of sexual assault involves the non-consensual sexual touching of another.^[3]

There is no separate offence relating to incidents of domestic violence, except in the case of death, where the offence of causing or allowing the death of a child or a vulnerable adult may have been committed (s. 5 Domestic Violence, Crime and Victims Act 2004).

Under English law, a battery has only been committed if the correct mens rea (fault element) can be proven. In the case of battery, the mens rea of the offence is intention or recklessness (see R v. Venna [1976] QB 421). A person acts intentionally in terms of a result when his purpose is to cause it and he may be held to act intentionally if he foresees that the result is a virtually certain consequence of his action and he nonetheless acts (see R v. Woollin [1998] 4 All ER 103; although this decision specifically applies to the law of murder, it is generally accepted that this definition of intent applies throughout the criminal law). A person acts recklessly in terms of a result when he is aware of the risk that the result will occur if he acts and he does so act where no reasonable person would (see R v. Cunningham [1957] 2 QB 396).

Whether it is a statutory offence

In DPP v. Taylor, DPP v. Little [1992] 1 QB 645, 95 Cr.App.R. 28, it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. This decision was criticised^[4][5][6] and in Haystead v. DPP 164 JP 396, DC,^[7] the Divisional court expressed the obiter opinion that battery remains a common law offence.

Mode of trial and sentence

In England and Wales, it is a summary offence.^[8] However, where section 40 of the Criminal Justice Act 1988 applies, it can be an additional charge on an indictment. It is usually tried summarily.^[quantify]

However if it is tried, it is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.^[8]

See Crown Prosecution Service Sentencing Manual for case law on sentencing (despite the title of the page, the guidance applies to battery as well as common assault). Relevant cases are:

• R v. Nottingham Crown Court ex parte Director of Public Prosections [1996] 1 Cr.App.R. (S.) 283
• R v. Dunn [2003] 2 Cr.App.R. (S.) 90

Scotland

There is no distinct offence of battery in Scotland. The offence of assault includes acts that could be described as battery.

United States

At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt:

1. an unlawful application of force
2. to the person of another
3. resulting in either bodily injury or an offensive touching.

The common-law elements serve as a basic template; but individual jurisdictions may alter them, and they may vary slightly from state to state.

Under modern statutory schemes, battery is often divided into grades that determine the severity of punishment. For example:

• Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Criminal battery requires an intent to inflict an injury on another, as distinguished from a tortious battery.
• Sexual battery may be defined as non-consensual touching of the intimate parts of another. At least in Florida, "Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object": See section 794.011[2].
• Family-violence battery may be limited in its scope between persons within a certain degree of relationship: statutes for this offense have been enacted in response to increasing awareness of the problem of domestic violence.
• Aggravated battery generally is seen as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement. As successor to the common-law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault. In Florida, Aggravated Battery is the intentional commission of great bodily harm. ^[9] Conversely, if there is no intent in Florida, then it is felony battery which is a third degree felony as opposed to a second degree felony in which aggravated battery is.

Jurisdictional differences

In some jurisdictions, battery has recently been constructed to include directing bodily secretions at another person without his or her permission. Some of those jurisdictions automatically elevate such a battery to the charge of aggravated battery. In some jurisdictions, the charge of criminal battery also requires evidence of a mental state (mens rea). The terminology used to refer to a particular offense can also vary by jurisdiction. Some jurisdictions, such as New York, refer to what, under the common law, would be battery as assault, and then use another term for the crime that would have been assault, such as menacing.

Distinction between battery and assault

The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B.

Battery requires (1) a volitional act that (2) results in a harmful or offensive contact with another person and (3) is committed for the purpose of causing a harmful or offensive contact or under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result. Assault is an attempted battery or the act of intentionally placing a person in apprehension of a harmful or offensive contact with his or her person.

In some places, assault is the threat of violence against another while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Likewise, battery is undesired touching of another, while aggravated battery is touching of another with or without a tool or weapon with attempt to harm or restrain.

See also

• Assault or common assault
• Assault (tort)
• Battery (tort)
• Non-fatal offences against the person in English law
• Right of self-defense

References

1. ^ Black's Law Dictionary Garner, p. 162
2. ^ Clark, William Lawrence; Association, American Bar (1909), Elementary Law, pp. 117–18, http://books.google.com/?id=ZmoaAAAAYAAJ, retrieved 2009-08-01 
3. ^ The Sexual Offences Act 2003, section 3
4. ^ Archbold Criminal Pleading, Evidence and Practice, 1993 supplements and 1994 and 1996 editions
5. ^ Smith; Hogan, Brian (1999). Criminal Law (9th ed.). London: Butterworths. p. 402. ISBN 0-406-98383-6. 
6. ^ Smith, J. C. [1991] Crim LR 900
7. ^ http://www.bailii.org/ew/cases/EWHC/QB/2000/181.html
8. ^ ^{a b} The Criminal Justice Act 1988, section 39
9. ^ "Florida Statute on Aggravated Battery". Florida Legislation. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.045.html. 

v t e English criminal law Part of the common law series Classes of crimes Common law Indictable Either way Summary Regulatory Lesser included Elements of crimes Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat Inchoate offences Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose Defences Self-defence Duress Necessity Marital coercion Consent Insanity Diminished responsibility Intoxication Category:Criminal defences Offences against the person Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Battery Kidnapping False imprisonment Harassment Offences against the Person Act 1861 Sexual offences Rape Sexual assault Sexual Offences Act 2003 Public order offences Riot Violent disorder Affray Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Nuisance Public nuisance Offences against property Dishonesty Burglary Robbery Theft Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Blackmail Computer crime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Criminal damage Conspiracy to defraud Forgery, personation and cheating Forgery Cheating the public revenue Offences against justice Bribery Perjury Perverting the course of justice Other common law areas Contract Tort Property Wills Trusts and estates Evidence See also Criminal procedure History Law of England and Wales portal Criminal justice portal

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Dansk (Danish)
n. - batteri

idioms:

• battery farm    effektiviseret landbrugsproduktion

Nederlands (Dutch)
batterij, een stel of groep, (leger) artillerie, accu

Français (French)
n. - batterie (d'un fusil), (Élec) pile, batterie (d'une voiture), accumulateurs, accus, (fig) pluie, (Agric) éleveuse, (Jur) voie de fait

idioms:

• battery farm    ferme pratiquant l'élevage en batterie

Deutsch (German)
n. - Batterie, Bestürmen

idioms:

• battery farm    Landwirtschaftsbetrieb mit Batteriehaltung

Ελληνική (Greek)
n. - μπαταρία, ηλεκτρική στήλη, συστοιχία, συσσωρευτής, πυροβολαρχία, δυνατό χτύπημα, βιαιοπραγία, κακοποίηση

idioms:

• battery farm    ορνιθοτροφείο

Italiano (Italian)
batteria

idioms:

• battery farm    allevamento industriale
• recharge your batteries    recuperare le forze

Português (Portuguese)
n. - bateria (f), pilha (f), assalto (m), grupo (m), conjunto (m) de lançador e apanhador (beisebol)

idioms:

• assault and battery    crime (m) de ataque causando ferimentos em alguém (Jur.)
• battery farm    granja de ovos
• recharge one's batteries    recarregar as baterias, revigorar-se

Русский (Russian)
батарея, аккумулятор, батарейка, ударные инструменты

idioms:

• assault and battery    физически напасть и избить
• battery farm    клеточная батарея
• recharge one's batteries    восстановить силы

Español (Spanish)
n. - batería, acumulador

idioms:

• battery farm    cría de animales utilizando métodos industriales muy rígidos

Svenska (Swedish)
n. - batteri, uppsättning, samling, slagverk

中文（简体）(Chinese (Simplified))
电池, 殴打

idioms:

• battery farm    层架式饲养农场

中文（繁體）(Chinese (Traditional))
n. - 電池, 毆打

idioms:

• battery farm    層架式飼養農場

한국어 (Korean)
n. - 전지, 포병, 한 벌의 기구

日本語 (Japanese)
n. - 電池, 1そろい, 殴打, 砲兵中隊, 砲列, 強打

idioms:

• battery farm    大規模養鶏場

العربيه (Arabic)
‏(الاسم) بطاريه, سريه مدفعيه, اعتداء بالضرب‏

עברית (Hebrew)
n. - ‮סוללה, גונדה, מערכת, יחידות-ציוד זהות מחוברות, סוללת תותחים, סדרת מבחנים, במיוחד פסיכולוגיים, שימוש באלימות אף אם ללא גרימת נזק ממשי‬

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