6. Offenses Against the Person Flashcards
what is battery?
an unlawful application of force to the person of another resulting in either bodily injury OR an offensive touching
what kinds of battery turn into aggravated battery? (3)
1) battery with a deadly weapon
2) battery resulting in SERIOUS bodily harm
3) battery of a child, woman, or police officer
what is assault?
either…
1) an attempt to commit a battery, or
2) the intentional creation (other than mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm
when does an assault turn into an aggravated assault? (2)
when an assault occurs plus either…
1) the use of a deadly or dangerous weapon, or
2) with the intent to rape, maim, or murder
what is false imprisonment?
the unlawful confinement of a person without the person’s valid consent
what is kidnapping?
unlawful confinement of a person that involves either…
1) some movement of the victim, or
2) concealment of the victim in a secret place
what kinds of kidnapping turn into aggravated kidnapping? (4)
1) kidnapping for ransom
2) kidnapping for the purpose of committing other crimes
3) kidnapping for offensive purposes
4) child stealing
what is rape?
unlawful carnal knowledge of a person by another without their effective consent
**NOTE = slightest penetration is sufficient
when does a lack of effective consent exist? (4)
1) intercourse accomplished by actual force
2) intercourse accomplished by threats of great and immediate bodily harm
3) victim is incapable of consenting (due to unconsciousness, intoxication, mental condition), or
4) victim is fraudulently caused to believe that the act is not intercourse (and other types of fraud)
what is statutory rape?
carnal knowledge of a person under the age of consent
**NOTE = STRICT liability crime (NOT necessary to show lack of consent)
will a defendant’s reasonable mistake as to the victim’s age be a defense to statutory rape?
no (strict liability)
