3. Other Crimes Against The Person

Question 1

What constitutes Simple Battery?

Answer 1

i.) A person, without consent,
ii.) causes harmful or offensive contact with another person; and
iii.) does by purposeful, knowing, reckless, or criminally negligent use of force.

Question 2

When is Simple Battery considered a specific-intent crime?

Answer 2

When the harmful or offensive contact is caused purposefully.

Specific intent means that the perpetrator had the intention to bring about the contact.

Question 3

When is Simple battery a general intent crime?

Answer 3

Simple battery is a general-intent crime when harmful or offensive contact is caused knowingly, recklessly, or in a criminally negligent manner.

Question 4

What must a prosecutor show to prove harmful or offensive contact by use of force?

Answer 4

i.) The defendant put a force in motion, and
ii.) as a result, the victim’s person was harmfully or offensively touched.

Direct application of force by the defendant is not required.

Question 5

What elevates Simple Battery to Aggravated Battery?

Answer 5

i.) Causing serious bodily injury
ii.) using a deadly weapon to commit the battery; or
iii.) battering a woman, child, or law enforcement officer.

Question 6

What are the defenses to Criminal Battery?

Answer 6

i.) Victim consented to the contact without coercion or fraud;
ii.) the contact occurred while the defendant was acting in self-defense or defending another person; or
iii.) the contact was made while attempting to prevent a crime.

Question 7

What constitutes Simple Assault?

Answer 7

i.) Attempting(purposely tried) to commit a battery; or
ii.) intentionally causing the victim to fear an immediate battery.

Question 8

What is required for a defendant to be guilty of Attempting to Commit Battery?

Answer 8

The defendant must have purposely tried to cause harmful or offensive contact with the victim’s person.

This is a specific-intent crime.

Question 9

NO Attempt to Commit Battery

Answer 9

A defendant’s reckless or criminally negligent conduct CANNOT lead to an assault conviction based upon an attempt to batter.

Question 10

Does a victim’s unawareness of an attempted battery negate a charge of Simple Assault?

Answer 10

No, the victim’s unawareness does not negate the charge.

The focus is on the defendant’s intent and actions.

Question 11

Intentionally Causing the Victim to Fear an Immediate Battery;

The defendant MUST:

Answer 11

i.) act with threatening conduct;
ii.) intended to cause the victim to feel reasonable apprehension of imminent harm.

Question 12

What constitutes a Conditional Threat in Simple Assault?

Answer 12

A conditional threat is generally insufficient unless accompanied by an overt act to accomplish the threat.

This means that mere words without action may not be enough.

Question 13

What is required for Sufficient Apprehension in Simple Assault?

Answer 13

The victim must be aware and reasonably anticipates immediate bodily harm.

Apprehension does not require actual harm to occur.

Question 14

There is insufficient apprehension from a person when:

Answer 14

i.) They are unaware of the threat of the harm;
ii.) They do not expect immediate bodily harm;
iii.) Defendant’s Promise of future action; or
iv.) Defendant’s Words alone are used.

Question 15

True or False: ANY threatened contact, including one that is offensive or insulting, is sufficient to constitute an “apprehension” assault.

Answer 15

True.

There need be no actual pain or injury threatened.

Question 16

What happens if the feared battery is accomplished?

Answer 16

The assault and battery merge, and the defendant is found guilty only of the battery.

Question 17

What elevates Simple Assault to Aggravated Assault?

Answer 17

i.) Committing an assault with a dangerous weapon; or
ii.) acting with intent to seriously injure, rape, or murder the victim.

Question 18

What constitutes Mayhem?

Answer 18

Maliciously using physical force that causes dismemberment or permanent disabling or disfiguring of a victim’s limbs or face.

Question 19

How is Maliciousness proven in Mayhem?

Answer 19

By showing that the defendant acted with unlawful intent to vex, annoy, or injure another person.

Mere disfigurement alone does not establish mayhem.

Question 20

What constitutes Kidnapping?

Answer 20

i.) Intentionally abducting another;
ii.) by means of force; or
iii.) the threat of force.

Question 21

What must a prosecutor show to prove Abduction?

Answer 21

i.) Without consent;
ii.) the defendant restrained the victim’s liberty so that;
iii.) the victim could be concealed or taken to another place.

Question 22

The Abduction element can be met when:

Answer 22

i.) the victim is taken from one place to another; or
ii.) when they are secretly confined where the person is not likely to be found.

Question 23

Under the Model Penal Code, kidnapping is defined as unlawfully moving or confining someone with the intent to:

Answer 23

i.) Demand ransom or use as a shield/hostage;
ii.) Facilitate a felony;
iii.) Cause injury or terror; or
iv.) Disrupt governmental or political functions.

Question 24

What is Aggravated Kidnapping?

Answer 24

Occurs when kidnapping is committed to:

i.) obtain ransom; or
ii.) to further the commission of another felony.

Question 25

What constitutes Criminal False Imprisonment?

Answer 25

Intentionally and unlawfully confining another.

False imprisonment is classified as a misdemeanor.

Question 26

What elements must be proven for Confinement in False Imprisonment?

Answer 26

i.) Intend to preclude any reasonable means of escape, and ii.) the victim subjectively believes there is no reasonable means of escape.

Physical barriers or threats can establish confinement.

Question 27

NO Confinement

Answer 27

Victims are not “confined” if they are aware of a reasonable means of escape, but are NOT required to affirmatively search for potential escape routes.

Question 28

Victims Resisting or Attempting Escape

Answer 28

Victims are NOT required to try to resist or attempt escape where the defendant has the apparent ability to effectuate threats.

Question 29

What constitutes Rape?

Answer 29

Having sexual intercourse or committing a sexual intrusion against another person without that person’s consent.

Rape can be committed by any person against any other person, regardless of gender.

Question 30

What must be proven to establish Lack of Consent in Rape?

Answer 30

The victim was unconscious, physically incapable of consenting, verbally communicated lack of consent, or implied resistance.

The focus is on the victim’s state at the time of the act.

Question 31

What are the defenses for Rape?

Answer 31

The alleged victim actually consented or the defendant reasonably believed the alleged victim had consented.

This involves both subjective and objective beliefs.

Question 32

What constitutes Statutory Rape?

Answer 32

An act of intercourse with a person under the statutorily prescribed age of consent, regardless of apparent or actual consent.

The legal age of consent varies by jurisdiction.

Question 33

Can a person be convicted of statutory rape of their spouse?

Answer 33

No, a person cannot be convicted of statutory rape of their spouse.

This reflects the legal recognition of marital consent.

Question 34

What is Bigamy?

Answer 34

The crime of marriage by one individual to more than one other person.

Bigamy is illegal in many jurisdictions.

Question 35

What is Incest?

Answer 35

The crime of sexual relations between individuals who are closely related to one another.

Incest laws vary by jurisdiction and relationship degree.