(1)(a) The offense of battery occurs when a person:

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   1. Actually and intentionally touches or strikes another person against the will of the other; or

   2. Intentionally causes bodily harm to another person.

   (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

   (2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3