What constitutes battery in legal terms?

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Battery in legal terms is characterized by any intentional and unlawful touching of another person without their consent. This means that for an act to be considered battery, there needs to be a physical contact that occurs without the victim's agreement or for reasons that cannot be justified as lawful.

The essence of battery lies in the absence of consent; if someone touches another person in a physical manner that is unwanted, it qualifies as battery regardless of the intent to harm. This highlights the importance of personal autonomy and the right of individuals to control their own bodies.

In contrast, touching with intent to harm may suggest a motive, but without the element of non-consent or justification, it does not fulfill the requirements for battery. Similarly, touching with implied consent does not constitute battery because consent, even if assumed, negates the illegality of the act. Lastly, touching that results in emotional distress may be relevant in certain tort cases, but it does not address the physical component necessary for battery itself. Thus, the definition hinges fundamentally on the lack of consent or justification in the act of touching.

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