WHAT IS CONTACT OF AN INSULTING OR PROVOKING NATURE IN A BATTERY?

            In Illinois, you commit battery if you knowingly, without legal justification, physically hurt another person or cause contact of an insulting or provoking nature. Battery can become an aggravated offense depending on the type of injury, victim or place of the offense. See 720 ILCS 5/12-3.05.

            But what does “insulting or provoking” mean?  According to Illinois law, the court determines whether contact is insulting or provoking by an objective standard.  In other words, the contact is not insulting or provoking just because the victim feels that way. Instead, a judge or jury must determine whether a reasonable person under the same circumstances would find the physical contact insulting or provoking.

            If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: People v. Davidson.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)