Battery (BAT) - Level I
Definition:The physical use of force or violence by an individual against another. The attack must be serious enough to warrant consulting law enforcement and result in more serious bodily injury. (To distinguish from Fighting, report an incident as Battery only when the force or violence is carried out against a person who is not fighting back.)
- Student hitting another with a heavy object over the head resulting in serious injury
- Student jabbing a pen into another's arm resulting in serious injury.
- Student or other engaging in a mutual physical altercation with another and continuing to hit/beat that person even after that person stops fighting, or is no longer able to fight back resulting in serious injury.
- Student or other delivering a single poke to the chest.
- Student or other delivers a single, non-injuring strike to the arm of another.
- Student or other actively engaging in a fight with each other (refer to Fighting code as a possible SESIR code).
- Student or other striking back when hit by an aggressor and becoming engaged in a fight with the aggressor (refer to Fighting code as a possible SESIR code).
To distinguish from Fighting, report an incident as Battery only when the force or violence is carried out against a person who is not fighting back.
If a student is arrested for battery, should the incident be reported as a SESIR battery?
- Not always. For a behavior to be reported to SESIR it must meet the incident definition in the SESIR Definitions and Guidelines document. There are instances when a student is arrested for a behavior that would not get reported to SESIR. For example if a student hit another on the arm once and the student was not hurt, the action would not meet the SESIR definition of battery. If the parent of the student hit insisted on pressing charges, the resource officer may have to arrest the offending student since his action meets the statutory definition of battery. Although most SESIR incidents match the criminal statutes, battery is somewhat different since the criminal statute reflects what is inappropriate for an adult population.
According to what is written in Appendix P, if a student commits a Level 1 incident such as Battery, are we to first consult with law enforcement and then make a determination as to whether an official report should be written? Do Level 1 incidents no longer fall into the criteria of must be reported to law enforcement?
- Yes, Level 1 incidents are generally violent offenses that require consultation with Law Enforcement and they would make the determination whether an official report should be written.
- 784.03(1)(a)2. Battery*; felony battery
- 784.045 Aggravated battery
- 784.07 Assault or battery of law enforcement officers…
- 784.08 Assault or battery on persons 65 years of age or older…
- 784.081 Assault or battery on specified officials or employees…
- *Per 1006.13, Florida Statutes, "Zero-tolerance policies do not require the reporting of petty acts of misconduct and misdemeanors to a law enforcement agency, including, but not limited to, disorderly conduct, disrupting a school function, simple assault or battery, affray, theft of less than $300, trespassing, and vandalism of less than $1,000." [1006.13(4)(c)]
Office of Safe Schools 325 West Gaines Street, Room 554 Tallahassee, Florida 32399-0400
Phone: (850) 245-0416
Fax: (850) 245-9978