Assault/Battery/sexual offenses Flashcards
2 Elements of Battery
1) An offensive touching
2) With the intent to cause bodily injury or offense
2 types of assault
1) Attempted battery
2) An act that is intended to place another person in fear of bodily injury or offensive touching and that results in such fear
Malicious Injury
Look for this to be an add on offense
“shoot, stab, cut, wound, or cause bodily injury with the intent to kill, disable, disfigure
Firearms offensives
Is a separate offense
1) The use/display of a firearm in a threatening manner while committing or attempting murder, robbery, rape
2) Unlawful discharge of a firearm at a occupied building
2 elements of rape
1) Sexual Intercourse
2) Against the will of the victim
By force/threat of force/incapacity of victim/ or with a child under 13
Rape Shield Law
Reputation Evidence of the victim’s sexual history is inadmissible
Unless: it provides an alternative source or physical evidence or to show prior sexual conduct with the D
Kidnapping/abduction
1) Detaining or transporting a person
2) By force or threat of force
3) With the intent to deprive that person of liberty
Crimes like robbery, rape, and homicide often give rise to…
kidnapping, when the crime involves more movement/restraint than is necessary to complete the crime