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La. Rev. Stat. § 14:35 (2026)

A. Simple battery is a battery committed without the consent of the victim.

✓ current as of May 2026
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§35. Simple battery

A. Simple battery is a battery committed without the consent of the victim.

B. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

Acts 1978, No. 394, §1; Acts 2006, No. 81, §1; Acts 2014, No. 791, §7, eff. August 1, 2014.

Notes of Decisions
Cited in 220 cases (21 in the last 5 years), 1953–2025 · leading case: Duncan v. Louisiana, 391 U.S. 145 (1968).
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Duncan v. Louisiana, 391 U.S. 145 (1968). · cites it 2× “Cases, in which the punishment may be at hard labor, shall be tried by a jury of five, all of whom must concur to render a verdict; cases, in which the punishment is necessarily at hard labor, by a jury of twelve, nine of whom must concur to render a verdict; cases in which the…”
State v. Huguet, 369 So. 2d 1331 (La. 1979). · cites it 6× “14:108(d) (65025) and R.S. 14:35 (65031) David London—R.S. 14:108(d) (65025) Edward Sharp—R.”
State v. Lilly, 111 So. 3d 45 (La. Ct. App. 2012). · cites it 3× “14:33, in pertinent part, as follows: Battery is the intentional use of force or violence upon the person of another[.”
State v. Helou, 857 So. 2d 1024 (La. 2003). · cites it 2× “Pursuant to LSA-R.S. 14:35, a simple battery is a battery committed without the consent of the victim.”
State v. Miller, 746 So. 2d 118 (La. Ct. App. 1999). · cites it 3× “R.S. 14:35, was fined $250.00, and placed on unsupervised probation for six months.”
State v. Braswell, 605 So. 2d 702 (La. Ct. App. 1992). · cites it 2× “R.S. 14:35. The district court sentenced him to six months in jail and a fine of $350 plus costs; however, the court suspended the sentence *703 on payment of costs and placed Braswell on supervised probation for two years with special conditions.”
State v. Comeaux, 192 So. 2d 122 (La. 1966). · cites it 8× “In his judgment overruling the Plea of Autrefois Convict (Former Jeopardy), the trial judge found that the factual situation made the basis of the simple battery (LSA-R.S. 14:35) and disturbing the peace (LSA-R.”
State v. Fuller, 414 So. 2d 306 (La. 1982). “R.S. 14:35. Aggravated battery carried a sentence of not more than ten years (with or without hard labor) and simple battery allowed a sentence of not more than six months and/or a fine of not more than $300.”
State v. Schenck, 513 So. 2d 1159 (La. 1987). · cites it 2× “" Simple battery, as defined in La.Rev.Stat.Ann. § 14:35 (West 1986) is "a battery committed without the consent of the victim.”
State v. Love, 602 So. 2d 1014 (La. Ct. App. 1992). · cites it 3× “R.S. 14:35. Defendant was sentenced to five years at hard labor as a habitual offender pursuant to La.”
VANDENWEGHE v. Par. of Jefferson, 70 So. 3d 51 (La. Ct. App. 2011). · cites it 2× “The Parish asserted that the court lacked jurisdiction under R.S. 14:35(B) to enjoin Mr. Theriot because he is not the custodian.”
State ex rel. J.J., 125 So. 3d 1248 (La. Ct. App. 2013). · cites it 3× “R.S. 14:35. A trial on the merits took place on March 5, 2013, at which three witnesses testified.”
Show all 220 citing cases →
— La. Rev. Stat. § 14:35(3) — 1 case
Ariatti v. Plaisance, 255 So. 3d 1239 (La. Ct. App. 2018).
— La. Rev. Stat. § 14:35(A) — 4 cases
Darren Lombard v. Elton Nobre & Jose Nobre (La. Ct. App. 2024).
In Re: Felix Dejean, IV, 264 So. 3d 424 (La. 2019).
State of Louisiana Versus Randy Fink (La. Ct. App. 2020).
State of Louisiana v. Sharonda S. Freeman (La. Ct. App. 2023).
— La. Rev. Stat. § 14:35(B) — 7 cases
VANDENWEGHE v. Par. of Jefferson, 70 So. 3d 51 (La. Ct. App. 2011). “The Parish asserted that the court lacked jurisdiction under R.S. 14:35(B) to enjoin Mr. Theriot because he is not the custodian.”
State v. Vaughn, 248 So. 3d 578 (La. Ct. App. 2018).
State v. Payne, 262 So. 3d 498 (La. Ct. App. 2019).
State of Louisiana v. Robert J. Harris Jr. (La. Ct. App. 2022).
State of Louisiana Versus Irene a Simmons (La. Ct. App. 2025).
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