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La. Rev. Stat. § 14:33 (2026)

SUBPART B. ASSAULT AND BATTERY

✓ current as of May 2026
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SUBPART B. ASSAULT AND BATTERY

(WITH RELATED OFFENSES)

§33. Battery defined

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

Acts 1978, No. 394, §1.

Notes of Decisions
Cited in 327 cases (29 in the last 5 years), 1951–2026 · leading case: State v. Schenck, 513 So. 2d 1159 (La. 1987).
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State v. Schenck, 513 So. 2d 1159 (La. 1987). · cites it 6× “We contrasted this force to the "use of force" element of the crime of battery, La.Rev.Stat.Ann. § 14:33 (West 1986), the latter being simply a minimum force distinguishing the crime of battery from a mere incidental touching.”
State v. Dyson, 222 So. 3d 220 (La. Ct. App. 2017). · cites it 2× “R.S. 14:33. The offense of aggravated battery “consists of the intentional use of force or violence, with a dangerous weapon, upon the person of another.”
State v. Helou, 857 So. 2d 1024 (La. 2003). · cites it 3× “" LSA-R.S. 14:33. Pursuant to LSA-R.S. 14:35, a simple battery is a battery committed without the consent of the victim.”
State v. Harrell, 811 So. 2d 1015 (La. Ct. App. 2002). · cites it 2× “R.S. 14:33 and 14:34. We affirm the conviction and sentence.”
United States v. Castleman, 134 S. Ct. 1405 (2014). “Gen.Stat. Ann. § 14-33 (Lexis 1993) ; Okla.”
State v. LeBlanc, 506 So. 2d 1197 (La. 1987). · cites it 4× “In denying the post-verdict motion for acquittal based on the alleged insufficiency of evidence of use of force, the trial judge observed that there was evidence of an "unauthorized touching with some force".”
State v. Smith, 907 So. 2d 192 (La. Ct. App. 2005). · cites it 3× “LSA-R.S. 14:33. Aggravated battery is a battery committed with a dangerous weapon.”
Johnson v. United States, 176 L. Ed. 2d 1 (2010). · cites it 2× “38, § 12-4(b)(6) (West 1987) (same); La. Rev. Stat. Ann. §§ 14:33, 14:43.1 (West 1986) (sexual battery punishable by more than one year’s imprisonment); N.”
State v. Ates, 989 So. 2d 259 (La. Ct. App. 2008). “R.S. 14:33. In the case sub judice, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt as per the Jackson standard.”
State v. Black, 41 So. 3d 1243 (La. Ct. App. 2010). · cites it 4× “R.S. 14:33 defines battery, in part, as "the intentional use of force or violence upon the person of another.”
State v. Smith, 47 So. 3d 553 (La. Ct. App. 2010). · cites it 4× “1(A)(1)(b)(ii) provides for a mandatory life sentence of a third-felony offender when each of the defendant's crimes is defined as a crime of violence under La.”
State v. Brundy, 198 So. 3d 1247 (La. Ct. App. 2016). · cites it 2× “R.S. 14:33; La. R.S. 14:34 A, La. R.S. 14:2(3).”
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