Assault

Question 1

what is assault?

Answer 1

an UNLAWFUL ATTACK upon another (violence), WITH or WITHOUT BATTERY-different degrees

Question 2

what perspective is important when dealing with assault?

Answer 2

the PERCEPTION from the VICTIMS perspective (regardless of the intent to carry it out by attacker)

Question 3

what are the penalties for assault?

Answer 3

SUMMARY CONVICTION for MOST assaults or INDICTMENT for more VIOLENT assaults

Question 4

what is level 1 assault?

Answer 4

ATTEMPTING or THREATENING, by an ACT or gesture, to apply INTENTIONAL FORCE to another person, directly or indirectly WITHOUT CONSENT. Ex. blocking a persons way or begging while carrying a weapon
doesn’t require physical contact or harm

Question 5

what is level 2 assault?

Answer 5

ASSAULT causing BODILY HARM-a measurable amount. the INTENT was to CAUSE HARM (may involve a weapon, everything from level 1 still exists)

Question 6

what is level 3 assault?

Answer 6

AGGRAVATED ASSAULT involving the WOUNDING, MAIMING, DISFIGURING, or ENDANGERING the LIFE of the victim (may reach attempted murder)-more serious due to degree of injuries

Question 7

why is ‘aggravated’ added to level three assault?

Answer 7

implies a GREATER DEGREE of RESPONSIBILITY

Question 8

what is self defense?

Answer 8

JUSTIFICATION for an alleged criminal act, such as ASSAULT, where an accused COULD NOT have the necessary MENS REA, since they were DEFENDING THEMSELF or their PROPERTY

Question 9

how much force can you use with self defense?

Answer 9

REASONABLE FORCE to protect YOU or anyone under YOUR CARE from the ASSAULT or its REPETITION (think of the chart, do what it takes to get back to the horizontal line, not above it)

Question 10

what is sexual assault?

Answer 10

when a victim has NOT provided CONSENT or APPROVAL to being TOUCHED in a SEXUAL manner. three levels, just like assault (aggravated sexual assault can be life in prison due to heinous nature of the crime)

Question 11

what level of assault is assaulting a police officer?

Answer 11

LEVEL 3, there is an AGGRAVATING FACTOR

Question 12

what is verbal assault?

Answer 12

SPOKEN or WRITTEN words meant to INTIMIDATE or MENACE others. must cause CONCERN of IMMEDIATE PERSONAL VIOLENCE (threat for harm at an unspecified time is NOT assault) Ex. timmy I’m going to get you later vs timmy ill kick your ass after school

Question 13

when do words/ threats become assault?

Answer 13

once there is the BELIEF that they will RESULT in a PHYSICAL ACT

Question 14

what is abuse?

Answer 14

CRUELTY or VIOLENCE, especially REGULARLY or REPEATED (vs assaults that usually happen once) there is usually a POWER IMBALANCE, ex. kid and parent
*all abuse is assault but not all assault is abuse

Question 15

what is battery?

Answer 15

offense associated with assault, involves UNLAWFUL PHYSICAL CONTACT, often resulting in HARM but with a LESSER DEGREE of INTENT (like the manslaughter of assault). ACTUAL CONTACT must take place (by person or object) ex. hitting someone after getting into an argument)

Question 16

what is the difference between battery and assault?

Answer 16

assault involves INTIMIDATING or creating FEAR of VIOLENCE (on top of the act) and you have INTENT. battery might be the result of NEGLIGENCE, but still cause harm

Question 17

what is a hate crime?

Answer 17

crime committed to INTIMIDATE, HARM, or SCARE an entire GROUP of people to which the victim belongs (or is perceived to belong) to. HATE is the MOTIVE (can involve intimidation, physical force/ threats of it, harassment)

Question 18

what is harassment?

Answer 18

form of DISCRIMINATION involving UNWANTED PHYSICAL or VERBAL behaviour that OFFENS or HUMILIATES the victim.

Question 19

what are three forms of harassment?

Answer 19

UNWELCOME REMARKS or jokes about your race, religion, sex, etc.
REPEATEDLY THREATENS or intimidates you
makes UNWELCOME PHYSICAL CONTACT (touching, patting, pinching, punching, etc.)

Question 20

what ‘repeating conduct’ constitutes stalking (4 things)?

Answer 20

FOLLOWING them (or someone they know)
REPEATEDLY COMMUNICATING with them, directly or indirectly (or someone they know)
WATCHING their DWELLING or work (or someone they know)
ENGAGING in THREATENING CONDUCT directed at them (or someone they know)

Question 21

what is bullying?

Answer 21

unwanted, AGGRESSIVE behaviour that involves a REAL or PERCEIVED POWER IMBALANCE. behaviour is REPEATED (or has the potential to) over time.

Question 22

what are the 3 types of bullying?

Answer 22

PHYSICAL, VERBAL, or SOCIAL (ex. rumours?)

Question 23

what is criminal harassment?

Answer 23

REPEATED TORMENT in PERSON, ONLINE, with TEXTS, etc. causing the other person to FEAR for their SAFETY

Question 24

what is “revenge porn”?

Answer 24

SHARING NAKED or SEXUAL pictures of ANOTHER person WITHOUT CONSENT (often given to the distributor willingly and distributed after the relationship ends) punishable by max FIVE YEARS IMPRISONMENT

Question 25

what is cyberbullying?

Answer 25

use of COMMUNICATION TECHNOLOGIES (internet, social media, websites, emails, etc.) to ABUSE, INTIMIDATE, or HARASS others (could be considered harassment, extortion, identity fraud, counselling suicide, etc.)

Question 26

what does the 2015 law about publishing intimate images do?

Answer 26

PROHIBITS the NON-CONSENTUAL DISTRIBUTION of INTIMATE images, applying to EVERYONE, not just those under 18

Question 27

what is an intimate image defined as?

Answer 27

an IMAGE that depicts a person ENGAGED in EXPLICIT SEXUAL ACTIVITY or that depicts a SEXUAL ORGAN. must be an image where the person in it had a REASONABLE EXPECTATION of PRIVACY at the time of the RECORDING and had not GIVEN UP their PRIVACY at the time