The criminal intent element required for battery varies, depending on the jurisdiction. At early common law, battery was a purposeful or knowing touching. Many states follow the common-law approach and require specific intent or purposely, or general intent or knowingly. 1 Others include reckless intent, 2 or negligent intent. 3 Jurisdictions that include reckless or negligent intent generally require actual injury, serious bodily injury, or the use of a deadly weapon. The Model Penal Code requires purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing “bodily injury to another with a deadly weapon” (Model Penal Code § 211.1(1) (b)). If negligent intent is not included in the battery statute, certain conduct that causes injury to the victim may not be criminal.
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