2. Offences Against Person

Question 1

What is required for battery (misdemeanor)?

Answer 1

1) Unlawful application of force on another
- NO intent required
- Direct/Indirect

2) Cause bodily injury/offensive touching

Question 2

What is required for aggravated battery (felony)?

Answer 2

Serious bodily injury

Use of deadly weapon
- Depends on how it is used

Harm towards child/woman/police officer

Question 3

Are there any defences to battery?

Answer 3

Consent

Self-defence

Necessary to prevent crime

Question 4

What is required for assault (misdemeanor)?

Answer 4

Attempted battery assault

• Specific intent (UNLESS voluntary intoxication)
• Attempt to commit battery (NO actual battery)

Apprehension assault

• General intent to create reasonable apprehension in victim of suffering imminent harm (subjective)
• Words + Threat

Question 5

What is difference between battery and assault?

Answer 5

Battery
- Touching

Assault
- No touching

Question 6

What is required for aggravated assault (felony)?

Answer 6

Use of deadly weapon

Intent to rape/maim/murder

Victim is specially protected by statute

Question 7

What is required for false imprisonment?

Answer 7

1) Unlawful confinement of another
- Substantial interference with one’s liberty
- Compel one to go/remain where he does not want to be
- NOT keeping someone in one’s apartment (escapable)

2) NO valid consent
- No coercion/threat/deception/incapacity

Question 8

Are there exceptions to false imprisonment?

Answer 8

Alternative routes available

Question 9

What is required for kidnapping?

Answer 9

1) Unlawful confinement

2) Either;
- Movement of victim
- Concealment of victim (in secret place)

Question 10

What is required for aggravated kidnapping?

Answer 10

Ransom (any value)

Commission of other offence

Question 11

What is required for rape?

Answer 11

1) Perpetrator has unlawful carnal knowledge of victim
- Gender-neutral (modern view)
- Only man rapes woman (traditional view)
- Separated/Estranged/Not married (modern view)
- Not married (traditional view)

2) Penetration
- Female sex organ
- Emission not necessary

3) No valid consent
- No actual force
- No threat of great and imminent bodily harm (even if victim failed to resist)
- No lack of capacity
- No fraud re sexual intercourse
- UNLESS fraud re marriage

Question 12

What is required for statutory rape?

Answer 12

1) Unlawful carnal knowledge of victim

2) Victim below age of consent
- Consent NOT relevant

Question 13

Are there exceptions to statutory rape?

Answer 13

Mistake re age of victim

• Yes (few states - reasonable mistake + no alternative making use of best position)
• No (most states - strict liability crime)