4. Crimes Against the Person: Confinement Offenses and Sex Offenses Flashcards
Elements of Common Law False Imprisonment and Required Mental State:
- The unlawful
- Confinement of a person
- Without his or her consent.
Mental State : General Intent
Elements of second degree unlawful imprisonment in NY:
(1) unlawfully
(2) restraining someone,
(3) without their consent, and
(4) with knowledge that the restriction is unlawful.
First degree unlawful imprisonment in NY:
Second degree, plus a risk of serious physical injury.
Elements of common law kidnapping:
(1) False imprisonment
(2) that involves either moving the victim or concealing the victim in a secret place.
Mental State: General intent
Second degree kidnapping in NY:
Abducting someone
First degree kidnapping in NY:
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.
Elements and required mental state for forcible rape:
(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
Elements of Statutory Rape
(1) Sexual intercourse
(2) with someone under the age of consent.
Mental State required for Statutory Rape
(1) Majority/NEW YORK Rule: Strict liability
(2) MPC/Minority Rule: A reasonable mistake of age is a defense.
Age of consent in New York
17 years old
Defendant must be at least 21, and the victim 16 or younger.
Common Law Larceny
- Trespassory
- Taking and
- Carrying Away the
- Personal Property
- of another, with the
- Intent to
- Permanently retain the property
Common Law Embezzlement
Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.
Key difference between Embezzlement and Larceny:
To constitute embezzlement, a D must have lawful possession of the property that he misappropriates.
Common law false pretenses
Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.
Key Difference between False Pretenses and Larceny:
In larceny, the defendant gets only custody of the property; in false pretenses, the defendant gets title, meaning ownership.
Larceny by Trick compared to false pretenses.
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.
Common law Robbery Elements and Required Mental State
(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
Elements of forgery
- Making or altering a writing
- so that it is false
- with the specific intent to defraud.
Larceny in NY
Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered larceny in NY.
Degrees of Larceny
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.
NY Third degree Robbery
Forcible stealing
NY required force for Robbery
Force may be established by the threatened use of immediate physical force upon another.
NY Second degree Robbery
Forcible stealing, plus one of the following:
- the defendant is aided by another who is actually present; or
- the defendant or his accomplice injured the victim; or
- a car is stolen.
NY First degree Robbery
Forcible stealing, plus one of the following:
- the victim is seriously injured; or
- 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.
