Assault and Battery Flashcards
Define battery.
Unlawful application of force to the person if another resulting in either bodily injury or an offensive touching.
What is an aggravated battery?
a. When deadly weapon used.
b. Battery of child, woman, or police officer.
c. Battery resulting in serious bodily harm.
Define assault.
Assault is a two-part crime i.e., a) an attempt to cause battery; b) intentional creation (other than mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm.
What is aggravated assault?
Assault with the use of dangerous weapon or assault with the intent to rape, maim or murder.
False Imprisonment?
Unlawful confinement of a human being without their valid consent.
What is kidnapping?
Unlawful confinement that involves: (a) restriction of movement; (b) concealment of the victim in a secret place.
Aggravated Kidnapping?
Kidnapping for ransom, to commit other crimes, offensive purposes, or child stealing!
Define rape.
Rape is the unlawful carnage knowledge of a woman by a man, not her husband, without her effective consent.
When is consent not effective?
a. Intercourse through the use of actual force.
b. Intercourse accompanied by threats of great and immediate bodily harm.
c. When the victim is incapable of consenting due to unconsciousness, intoxication, or mental condition.
d. The victim is fraudulently caused to believe that the act is NOT intercourse.
Define statutory rape.
Carnal knowledge of a person under the age of consent. It is a strict liability crime.
Is mistake of age a valid defense to statutory rape?
No. However, in certain questions, if the best choice is not available: a reasonable mistake as to the age will prevent conviction if the defendant reasonably believed that the victim was old enough to give effective consent.
