BATTERY
Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them".[1] In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law.
BATTERY
Under the US 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.
Much confusion can come between the terms "assault" and "battery". In everyday use the term assault may be used to describe a physical attack, which is indeed a battery. An assault is causing someone to apprehend that they will be the victim of a battery. This issue is so prevalent that the crime of sexual assault[4] would be better labelled a sexual battery. This confusion stems from the fact that both assault and battery can be referred to as common assault. In practice, if charged with such an offence, the wording will read "assault by beating", but this means the same as "battery".
There is no separate offence for a battery relating to domestic violence; however, the introduction of the crime of "controlling or coercive behaviour in an intimate or family relationship" in section 76 of the Serious Crime Act 2015[5] has given rise to new sentencing guidelines[6] that take into account significant aggravating factors such as abuse of trust, resulting in potentially longer sentences for acts of battery within the context of domestic violence.
In DPP v Taylor, DPP v Little,[7] it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988.[8] This decision was criticised in Haystead v DPP[9] where the Divisional court expressed the obiter opinion that battery remains a common law offence.
Therefore, whilst it may be a better view that battery and assault have statutory penalties, rather than being statutory offences, it is still the case that until review by a higher court, DPP v Little is the preferred authority.[10]
In England and Wales, battery is a summary offence under section 39 of the Criminal Justice Act 1988. However, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged which is founded on the same facts or together with which it forms part of a series of offences of similar character. Where it is tried on indictment a Crown Court has no greater powers of sentencing than a magistrates' court would.
There is an offence which could be (loosely) described as battery in Russia. Article 116[11] of the Russian Criminal Code provides that battery or similar violent actions which cause pain are an offence.
In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact.[12] At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt:
In some jurisdictions, battery has recently been constructed to include directing bodily secretions (i.e., spitting) at another person without their 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.
Assault, where rooted on English law, is an attempted battery or the act of intentionally placing a person in apprehension of a harmful or offensive contact with their person. Elsewhere it is often similarly worded as the threat of violence to a person while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain.
On December 30, 2022, Call2Recycle submitted its proposed battery stewardship plan. DC made this plan available for public review and comment from January 13, 2023 to February 13, 2023, in line with DC law.
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Completed in 1895, this Endicott-era battery was armed with three 12-inch guns mounted on barbette carriages. The first 12-inch artillery platform in the nation was constructed and tested at this battery. Battery Godfrey was built to match or outshoot the guns of contemporary battleships at ranges of up to ten miles. These guns could fire one 1,070-pound shell per minute. In 1943, the War Department ordered the salvaging of this battery along with 12 others considered obsolete.
Battery Godfrey is located on the coastal bluffs of the Presidio. It can be reached via Lincoln Boulevard to Langdon Court; the entrance to Fort Scott from Lincoln is nearby. The Coastal Trail runs adjacent to the gun battery. The interior magazines are closed to the public.
This compliance resource was prepared to assist shippers to safely package lithium cells and batteries for transport by all modes according to the latest (May 11, 2020; HM-215O) regulatory requirements. This publication directs the reader to scenario-based shipping guides that outline the applicable requirements to ship packages of lithium cells and batteries in various configurations. Each distinct shipping guide in this document refers to the regulatory requirements for a specific lithium cell/battery type, configuration, and size. In this way, shippers will easily find the applicable transport provisions.
A battery where the attacker intentionally or knowingly causes more serious injury as defined in 6A-1.0017(8)(g), such as: great bodily harm, permanent disability, or permanent disfigurement; uses a deadly weapon; or, where the attacker knew or should have known the victim was pregnant.
Batteries pose chemical and physical hazards. Batteries can fail for manyreasons including short-circuiting, overcharging, or overheating. For Li-ion batteries, these failures can lead to dangerous propagations resulting in highly dangerous thermal runaway. To prevent battery fires, we must aim to understand how to prevent thermalrunaways. Quality control at every stage of battery manufacturing is an effective way to eliminate most defects and it is the responsibility of battery manufacturers to make the existing technology as safe as possible.
Spare (uninstalled) lithium ion and lithium metal batteries, including power banks and cell phone battery charging cases, must be carried in carry-on baggage only. When a carry-on bag is checked at the gate or at planeside, all spare lithium batteries and power banks must be removed from the bag and kept with the passenger in the aircraft cabin. The battery terminals must be protected from short circuit.
This covers spare lithium metal and spare rechargeable lithium ion batteries for personal electronics such as cameras, cell phones, laptop computers, tablets, watches, calculators, etc. This also includes external battery chargers (portable rechargers) containing a lithium ion battery. For lithium batteries that are installed in a device (laptop, cell phone, camera, etc.), see the entry for "portable electronic devices, containing batteries".
Battery terminals (usually the ends) must be protected from short circuit (i.e., the terminals must not come in contact with other metal). Methods include: leaving the batteries in their retail packaging, covering battery terminals with tape, using a battery case, using a battery sleeve in a camera bag, or putting them snugly in a plastic bag or protective pouch.
Damaged or recalled batteries and battery-powered devices, which are likely to create sparks or generate a dangerous evolution of heat must not be carried aboard an aircraft (e.g. carry-on or checked baggage) unless the damaged or recalled battery has been removed, or otherwise made safe. The airline may offer further public guidance on transporting individual recalled products.
Battery packs are not created equally. Lithium ion batteries are extremely powerful which means it is crucial to use battery packs that are safe. Our batteries have a very effective battery management system which is a top-level safety feature ensuring the battery does not overheat or overcharge and catch fire. This system also ensures that the battery is communicating properly with the rest of the machine. With cheaper third-party replacement packs, you have no idea where the battery and lithium cells came from and there were likely no quality controls to ensure safe manufacturing or consistency with the product. Safety with batteries is imperative and we encourage all customers buy only genuine Dyson batteries as replacements for their Dyson machines.
If storing batteries for recycling, you can reduce fire risk by taping ends of batteries with clear packing tape or putting each battery in an individual plastic bag, and storing them in a non-metal leakproof container with a lid (such as a plastic bucket). 041b061a72