3) Other Crimes against the person

Question 1

battery: classification

Answer 1

misdemeanor (inc at CL)

now: aggravated = felony

Question 2

assault: classification

Answer 2

misdemeanor (inc at CL)

now: aggravated = felony

Question 3

battery: elements

Answer 3

1) unlawful application of force
2) intentional, reckless, or crim neg SOM
3) w no legal justification or excuse

Question 4

battery: intent req

Answer 4

GENERAL (only need to intend to harm V)

Question 5

battery: application of force: includes

Answer 5

setting a force in mxn

Question 6

battery: common aggravating factors

Answer 6

result: aggravated battery
depends on j, but common:
1) causes V SBI
2) use deadly weapon to commit the battery
3) batters spl category of V

Question 7

potential special categories of Vs

Answer 7

(depends on the j)

woman, child, police

Question 8

battery: defenses

Answer 8

1) consent always
2) self defense + defense of others IF D uses proportional force
3) prevention of a crime IF proportional force

Question 9

battery: defenses: exception

Answer 9

consent IS a defense to battery, but not to breach of the peace

Question 10

assault: def

Answer 10

incomplete battery

Question 11

assault: kinds

Answer 11

1) failed attempt at battery

2) fear of battery

Question 12

failed attempt at battery: def

Answer 12

D actually intended to batter V, but failed

does NOT require V to be aware of the assault

does NOT require that D presently able to commit battery

Question 13

fear of battery: def

Answer 13

D never intended to actually batter V, but did intend to put V in fear of an immediate battery (harmful/offensive conduct)

D must act w threatening conduct intended to cause reasonable apprehension of imminent harm [does require V to be aware]

D must put V in reaonable apprehension of battery

Question 14

fear of battery assault, aka

Answer 14

assault by offer

Question 15

fear of battery: not enough

Answer 15

1) mere words

2) conditional threat (unless w overt act)

Question 16

reasonable apprehension: def

Answer 16

reasonable person would expect bodily harm

does NOT require fear –> just that V reasonably expects that D’s acts will reslt in immediate harmful/offensive conduct

Question 17

harmful/offensive conduct

Answer 17

physical harm not required, offensive is enough

Question 18

assault: aggravating factors:

Answer 18

varies by j, some common ones:

1) commits w a dangerous weapon
2) acts w intent ot rape or murder V, or
3) V is specially protected by statute

Question 19

mayhem: CL elements

Answer 19

(felony)

1) intent to maim or do bodily injury and
2) dismembered V OR
3) disabled the use of a body part useful for fighting

Question 20

mayhem: modern def

Answer 20

(w intent) permanent disfigurement

Question 21

if no mayhem in that j, would be

Answer 21

aggravated battery

Question 22

false imprisonment: def

Answer 22

1) confinement of another person
2) intentional
3) against the law [not a valid citizens arrest]

Question 23

false imprisonment: confinement

Answer 23

must be fully confined (block ALL exits)

Question 24

kidnapping: CL elements

Answer 24

1) unlawful
2) restraint of a person’s liberty
3) by force or show of force
4) so as to send V to another country

Question 25

kidnapping: modern elements

Answer 25

1) unlawful
2) restraint of person’s liberty
3) + V taken to another location or concealed

Question 26

asportation

Answer 26

moving V

Question 27

kidnapping: minority rule

Answer 27

unlawful restraint alone is kidnapping, dnn move V

Question 28

rape: CL elements

Answer 28

1) carnal knowledge
2) against V’s will (no consent)
3) by force or threat of force [so had to resist]

Question 29

CL: “carnal knowledge”

Answer 29

vaginal sexual penetration

Question 30

CL: not rape

Answer 30

1) your wife

2) man –> man

Question 31

rape: resistance requirement

Answer 31

eliminated – focus on objective evidence of V’s lack of consent

Question 32

rape: modern: force

Answer 32

force of sexual penetration is enough

Question 33

rape: modern: consent

Answer 33

if jury determines that RP in D’s situation would have known of lack of consent, then –> rape
(objective – based on observable circs)

Question 34

rape: modern: mistake of fact

Answer 34

is a defense BUT mistake must be honest AND reasonable

Question 35

statutory rape: def

Answer 35

1) female under statutory age of consent
2) intercourse

STRICT LIABILITY: always rape even if V expressed consent or D mistakenly believed was old enough

Question 36

statutory rape: usu age of consent

Answer 36

16

Question 37

bigamy: def

Answer 37

1) marriage to more htan one other person
2) strict liability! no mens rea
3) no defense that D dnk about other marriage