(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another, or (2) intentionally causes physical harm to another. O.C.G.A. 16-5-23(a). Opprobrious or abusive language is a defense. O.C.G.A. 16-5-25.-powe
Simple battery encompasses all forms of prohibited contact and is not limited to contact that causes substantial or visible harm. Lloyd v. State, 280 Ga. 187 (2006). "Insulting or provoking nature" contemplates a touching which does not injure but which is insulting. On the other hand, "physical harm" concerns a touching which goes beyond insult to the infliction of pain. Mere pain is sufficient to show physical harm. Lyman v. State, 188 Ga. App. 790 (1988).
Misdemeanor. O.C.G.A. 16-5-23(b).
Victim 65 yrs. old or older, public transit vehicle or station, family member (except corporal punishment or against siblings), police officer, public school employee, personal care person, sports official, or pregnant woman, then High and Aggravated Misdemeanor. Id. at (c-i).
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