4. Crimes Against the Person: Confinement Offenses and Sex Offenses

Question 1

Elements of Common Law False Imprisonment and Required Mental State:

Answer 1

1. The unlawful
2. Confinement of a person
3. Without his or her consent.

Mental State : General Intent

Question 2

Elements of second degree unlawful imprisonment in NY:

Answer 2

(1) unlawfully
(2) restraining someone,
(3) without their consent, and
(4) with knowledge that the restriction is unlawful.

Question 3

First degree unlawful imprisonment in NY:

Answer 3

Second degree, plus a risk of serious physical injury.

Question 4

Elements of common law kidnapping:

Answer 4

(1) False imprisonment
(2) that involves either moving the victim or concealing the victim in a secret place.

Mental State: General intent

Question 5

Second degree kidnapping in NY:

Answer 5

Abducting someone

Question 6

First degree kidnapping in NY:

Answer 6

Second degree kidnapping, plus one of the following:

(1) Ransom;
(2) Restraint of the victim for more than 12 hours with intent to rape, injure, or rob the victim; or
(3) The death of the victim.

Question 7

Elements and required mental state for forcible rape:

Answer 7

(1) Sexual Intercourse
(2) without the victim’s consent

(3) accomplished
(a) by force, or
(b) by threat of force, or
(c) when the victim is unconscious.

Mental State: General intent

Question 8

Elements of Statutory Rape

Answer 8

(1) Sexual intercourse

(2) with someone under the age of consent.

Question 9

Mental State required for Statutory Rape

Answer 9

(1) Majority/NEW YORK Rule: Strict liability

(2) MPC/Minority Rule: A reasonable mistake of age is a defense.

Question 10

Age of consent in New York

Answer 10

17 years old

Defendant must be at least 21, and the victim 16 or younger.

Question 11

Common Law Larceny

Answer 11

1. Trespassory
2. Taking and
3. Carrying Away the
4. Personal Property
5. of another, with the
6. Intent to
7. Permanently retain the property

Question 12

Common Law Embezzlement

Answer 12

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

Question 13

Key difference between Embezzlement and Larceny:

Answer 13

To constitute embezzlement, a D must have lawful possession of the property that he misappropriates.

Question 14

Common law false pretenses

Answer 14

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.

Question 15

Key Difference between False Pretenses and Larceny:

Answer 15

In larceny, the defendant gets only custody of the property; in false pretenses, the defendant gets title, meaning ownership.

Question 16

Larceny by Trick compared to false pretenses.

Answer 16

If the defendant obtains only custody (not title) as a result of the intentional false statement, the crime is “larceny by trick,” not false pretenses.

Question 17

Common law Robbery Elements and Required Mental State

Answer 17

(1) a larceny
(2) from someone else’s person or presence
(3) by force or threat of immediate injury.

Mental State: the specific intent to steal

Question 18

Elements of forgery

Answer 18

1. Making or altering a writing
2. so that it is false
3. with the specific intent to defraud.

Question 19

Larceny in NY

Answer 19

Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered larceny in NY.

Question 20

Degrees of Larceny

Answer 20

First degree: More than $1,000,000

Second degree: More than $50,000

Third degree: More than $3,000

Fourth degree: More than $1,000

Petit Larceny: lesser amounts.

Question 21

NY Third degree Robbery

Answer 21

Forcible stealing

Question 22

NY required force for Robbery

Answer 22

Force may be established by the threatened use of immediate physical force upon another.

Question 23

NY Second degree Robbery

Answer 23

Forcible stealing, plus one of the following:

1. the defendant is aided by another who is actually present; or
2. the defendant or his accomplice injured the victim; or
3. a car is stolen.

Question 24

NY First degree Robbery

Answer 24

Forcible stealing, plus one of the following:

1. the victim is seriously injured; or
2. the defendant uses or displays what is, or appears to be, a firearm

Affirmative Defense: If the defendant can prove that the gun was unloaded, the crime is reduced to second degree robbery.