Assault, Battery, Rape, Kidnappin

Question 1

Battery

Answer 1

1. Unlawful
2. Application of force
3. To another person
4. That causes bodily harm OR
5. Constitutes an offensive touching

Question 2

Assault

Answer 2

1. Attempted battery: If a defendant has taken a substantial step toward completing a battery but fails, he will be guilty of assault
   a. It is a specific-intent crime because it is an attempt.
   i. Specific-intent defenses are available
2. Intentionally placing another in fear of imminent bodily harm
   a. A general intent crime.

Question 3

CL Rape

Answer 3

1. Unlawful
2. Sexual intercourse
3. With a female
4. Against her will by force or threat of force
5. Rape is a general crime.
   a. Note: Voluntary intoxication is not a defense.

Question 4

Modern Rape

Answer 4

a. Does not have to involve a woman
b. Can occur without a threat of force
c. Can involve activity other than sexual intercourse

Question 5

Statutory Rape

Answer 5

1. Sexual intercourse with a person under age
2. Statutory rape is a strict liability offense, so mistake of fact is irrelevant.
   a. If D knows that he is having sex, cannot claim ignorance or mistake about victim’s age.
   ii. Other sex crimes at common law look up.
3. Exam Tip 10:These are extremely unlikely to be tested on the bar exam.

Question 6

Kidnapping

Answer 6

1. Confinement of another person
2. Against that person’s will
3. Either by moving or hiding the victim

Question 7

Arson

Answer 7

a. malicious
b. Burning
c. Of another person’s
d. dwelling

Question 8

Modern and CL arson Distinctions

Answer 8

1. Malice: Intent to act in a way that will cause burning, or is substantially likely to do so
2. Burning: At CL there had to be burning (fire) as opposed to just an explosion or smoke damage. It also required damage to the structure not just the contents inside.
   a. Under modern statutes, it is arson even if there is no damage to the structure of the building or if the fire was caused by an explosion.
3. Another Person: At common law, you couldn’t torch your own house.
   a. Under modern statutes, burning your own home is arson.
4. Dwelling: Had to be a dwelling, not another (commercial) structure
   a. Under modern statutes, burning down a commercial building is arson.
5. Malice crime
   a. Arson is a malice crime; not a specific-intent crime
   b. Mistake of fact will only be valid against arson if the mistake was reasonable
   c. Voluntary intoxication is not a defense

Question 9

Perjury

Answer 9

i. Willful act of falsely promising to tell the truth, stating something false either verbally or in writing, about material matters
ii. Must know what they are saying is false and the falsity must go to a material matter.
1. Subornation of Perjury: When you pay someone to testify falsely

Question 10

Bribery

Answer 10

i. Common law: Corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties
ii. Modern law: Allows bribery to be prosecuted even if the person being bribed isn’t a public official
1. Offering a bribe and receiving a bribe are both felonies.

Question 11

Self-defense

Answer 11

1. Nondeadly force
   a. anytime a victim reasonably fears an imminent unlawful harm
2. Deadly force
   a. A victim is entitled to use deadly force only if he reasonably believes that deadly force will be used against him.
   b. Under the MPC, a victim can use deadly force if he reasonably believes that the crime involved could result in serious bodily injury.

Question 12

Duty to retreat

Answer 12

a. Majority rule: Not required to retreat
b. Minority rule: Must retreat if safe to do so, rather than using deadly force
i. Note: Even in minority jurisdictions, retreat is never required when the person employing deadly force is in his own home.

Question 13

Defense of property

Answer 13

1. Right to use only nondeadly force to protect property
2. Cannot use deadly force to protect property alone
   Exam Tip 12:The bar examiners often use a scenario involving deadly force designed to protect property during the owner’s absence; e.g., the use of booby traps or spring guns.

Question 14

Duress

Answer 14

i. D claims he only committed a crime because he was threatened by a third party and reasonably believed that the only way to avoid death or injury to himself or others was to commit the crime.
ii. Note: For duress to be a defense to a crime, death or serious bodily harm must be imminent
1. Mere threat of injury to property is not sufficient.
iii. Defense for all crimes other than intentional murder

Question 15

Necessity

Answer 15

i. Available in response to natural forces; i.e., it is the lesser of two evils