What is a critical factor in determining battery?

In the context of battery, which is defined as the intentional and unlawful physical contact with another person, the critical factor is that the offender intentionally touched or struck the victim. This element demonstrates the action that constitutes battery—there must be a physical act that results in harmful or offensive contact.

Intent is a key component; the offender must have acted with the intention to cause contact, even if the contact does not result in injury. Thus, merely pointing a finger or making verbal threats does not fulfill the requirements for battery since they lack the necessary physical component. Furthermore, while a victim being aware of the offender's intentions may add context to the situation, it is not essential for establishing the act of battery itself, as battery can occur even if the victim is unaware of the impending contact.