Generally speaking, in Virginia, the second definition is the better one because it permits clearer analysis. It is clear that an accidental, non-reckless touching is not a battery; it is also clear that an intentional touching which was not justified or excused is a battery. The phrase "wilful or unlawful" should be understood to mean first, that the actor had a sufficiently evil mental state, and second, that no justification or excuse existed.
As usual, every law has exceptions. Consult with a Charlottesville attorney to get the full scoop.
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/
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