Bottom line
Simple battery covers intentional insulting/provoking physical contact or intentionally causing physical harm to another.
O.C.G.A. section
16-5-23. Simple battery.
Current statutory elements
- Intentional physical contact of an insulting or provoking nature; or
- Intentional causing of physical harm to another.
- Enhanced punishment may apply for listed victims/locations/relationships.
Officer field notes
- Document the contact/harm, visible injury, pain complaints, medical response, photos, and witness/video evidence.
- For family violence, identify the relationship and household history.
- For officer/corrections/detention victims, document official-duty status.
Report articulation tips
- Use concrete contact language: pushed, slapped, grabbed, struck, spit on, etc.
- Describe injury or pain in the victim’s words and note photos/bodycam.
- Tie intent to observed act, statements, repeated conduct, or circumstances.
Related offenses / sections
- 16-5-20 simple assault
- 16-5-23.1 battery
- 16-5-24 aggravated battery
- 19-13-1 family violence definitions
Statutory text reference
16-5-23. Simple battery. A person commits the offense of simple battery when he or she either: Intentionally makes physical contact of an insulting or provoking nature with the person of another; or Intentionally causes physical harm to another. Except as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20. Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis. A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health car
Source / verification note: Drafted from the Georgia Code public CIC/Lexis-linked source snapshot used for this audit. Verify court-sensitive decisions against the official Georgia Code and agency policy. Last reviewed: 2026-05-22.