is there a difference: tort battery and criminal battery?

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dudnaito
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Joined: Mon May 08, 2006 11:16 pm

is there a difference: tort battery and criminal battery?

Postby dudnaito » Sun Nov 28, 2010 11:30 pm

I didn't have enough space to write, but in dual intent jurisdictions where you need both the intent to make contact without consent AND intention to make harmful/offensive contact, is there a substantive difference between that and criminal battery?

I haven't studied criminal law yet, so i'm asking.

Wavelet
Posts: 71
Joined: Sun Jul 25, 2010 8:23 pm

Re: is there a difference: tort battery and criminal battery?

Postby Wavelet » Mon Nov 29, 2010 1:02 am

It depends on what mens rea elements attach to the elements of criminal battery. If you need to 1) act with the purpose of making harmful/offensive contact or knowledge that your act will cause harmful/offensive contact and 2) have knowledge that the contact is not consensual, then they are the same element-wise. But I don't think it's far-fetched to imagine a battery crime where acting recklessly with respect to causing harmful/offensive contact (rather than acting with purpose or knowledge) suffices.

But even if they are the same element-wise, the burden of proof for proving intent (i.e., purpose/knowledge) is much higher for a crime than a tort.




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