Battery, Assault, Rape, Kidnapping, Arson, Others

Question 1

Battery

Answer 1

Requirements -

1. unlawful
2. application of force
3. to another person
4. that causes bodily harm
5. or constitues an offensive touching

Elements

Unlawful - consent is aa complete defense

Application of Force - need not be great deal; slightest touch can constitute a force

Intent - battery is a general intent crime, so voluntary intoxication and unreasonable mistake of fact are not defenses

Contact - application of force does not require actual physical connection betwen parties (e.g., throwing a rock)

Question 2

Assault

Answer 2

Two Forms

1. Attempted Battery - D has taken a substantial step toward comleting a bettery but fails, he will be guilty of assault

Intent - requires specific intent because it is an attempt; specific intent defenses are available

2. Intentionally placing another in fear of imminent bodily harm

Intent - general intent crime

OHIO

Note - not separate statute for battery; assault encompasses all; 5 types

1. Assault - knowingly/recklessly causes/attempts to cause physical injury to another
2. Felonious Assault - knowingly casues serious physical harm to another OR knowingly causes or attempts to cause harm to another by means of a deadly weapon
3. Aggravated Assault - knowingly commits felonious assault while under the influence of sudden passion brought on by serious provocation by the victim and the provocation was reasonably sufficient to incite the person to use deadly force
4. Negligent Assault - nengligently cause physical harm by means of a deadly weapon
5. Domestic Violence - commits an assault on a family member OR uses force or threat of force to cause a family member to believe they will cause imminent physical harm.

Question 3

Rape

Answer 3

Requirements

1. unlawful
2. sexual intercourse
3. with a female
4. against her will by force or threat of force
5. rape is a general intent crime

Note - voluntary intoxication is not a defense

Modern Rape Statutes - does not have to involve a woman, can occur without a threat of force, can involve activity other than sexual intercourse

Exam Tip - will not test on common law rape because elements all over the place. Will likely provide a modern rape statute and will ask about potential defenses or elements

Statutory Rape - sexual intercourse with a person under age; strict liability offense so mistake of fact is irrelevant

OHIO

Note- removed req that victim be male, weakened spousal immunity, includes oral sex and any objects

Requirements -

1. engaging in sexual conduct (intercourse/oral sex/insertion into vagina or anus)
2. with another who is not the D’s spouse; and
   
   1. to prevent resistence, D substantially impairs the victims judgment or control by adminstering any drug or intoxicant or surreptitously or by force, threat of force, or deception
   2. victim is less than 13 years old (regarless if D knows)
   3. D uses force or threat of force
   4. D has reaonable cause to know that the victim has a diminished mental capacity that compromises his or her ability to resist or consent

Note - if victim is spoes of D and are not separated, then D is only guilty of rape if force is used

Question 4

Kidnapping

Answer 4

Requirements

1. unlawful
2. confinement of another person
3. agaisnt that person’s will
4. either by moving or hiding the victim

OHIO

Requirements

1. using force, threat, or deception (or by any means if person under 13 or mentally incompetent)
2. to remove a victim from a place or put a restraint on a victim’s liberty
3. in order to
   
   1. hold for ransom, shield, or hostage
   2. facilitate the commission of a flight from any felony
   3. to terrorize or inflict seriousd phsical harm on the victim or another
   4. to engage in sexual activity with victim against her will
   5. hinder, impede, or obstruct a function of the government
   6. to hold in a condition of involuntary servitute

Note - specific intent crime; must be for one of these reasons

Unlawful Restraint Requirement - unlawful confinement of a person without consent (aka false imprisonment)

Question 5

Arson

Answer 5

Exam Tip - frequently tested on exam

Requirements

1. malicious
2. burning
3. of another person’s
4. dwelling

Elements

Malice - intent to act in a way that will cause burning or substantially likely to do so

Burning - has to be fire as opposed to just smoke damage; requires damage to structure and not just content… modern requires no damage to structure

ANother Person - can’t torch own house… modern = burning own house is arson

Dwelling - had to be a house of another… modern = commercial buiilding is arson

Intent - arson is a malice crime, not a specific intent crime; defenses of mistake of fact will onlly ve valid if mistake was reasonble; voluntary intoxication is not a defense

OHIO

Arson Requirements -

1. by means of fire or explosion

2. knowingly causes or creates a substantial risk of harm of one of the following

1. another’s property without consent
2. his/another’s property with the intent to defraud
3. his/another’s property through engaging in an agreement for hire or orther consideration (defraud)
4. structure that is owned or controlled by the state
5. park, wildland, brush covered land, or preserve that is owned by another or the state

Aggravated Arson Requirements -

1. by means of fire or explosing

2. knowingly does one of the following:

1. creates a substantial risk of physical harm to another person
2. causes a physical harm to an occupied structure
3. creates, through the offer or acceptance of an agreement for hire, a substantial risk of physical harm to an occupied structure

Question 6

Perjury

Answer 6

Definition - willful act of falsly promising to tell the turth, then something false either verbally or in writing, about material matters

Note - person must know what they are saying is false and the falsity must got o a material matter

Subornation of Perjury - when you pay someone to testify falsely

Question 7

Bribery

Answer 7

Definition - corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties

Modern Law - allows bribery to be prosecuted even if the person being bribed isnt a public official

offering and receiving a bribe are both felonies

Question 8

Ohio - Receiving Stolen Property

Answer 8

Requirements:

1. D receives/retains/disposes of another person’s proerty and
2. knowing or having reasonable cause to believe that the property was stolen

Note - not a defense that property was not in fact stolen if D was explicity told that it was stolen

Question 9

Ohio - Rape + Others

Answer 9

OHIO

Note- removed req that victim be male, weakened spousal immunity, includes oral sex and any objects

Rape Requirements -

1. engaging in sexual conduct (intercourse/oral sex/insertion into vagina or anus)
2. with another who is not the D’s spouse; and
   
   1. to prevent resistence, D substantially impairs the victims judgment or control by adminstering any drug or intoxicant or surreptitously or by force, threat of force, or deception
   2. victim is less than 13 years old (regarless if D knows)
   3. D uses force or threat of force
   4. D has reaonable cause to know that the victim has a diminished mental capacity that compromises his or her ability to resist or consent

Note - if victim is spoes of D and are not separated, then D is only guilty of rape if force is used

Statutory Rape - anyone who has sex with a person who is 12 or less; however if someone 18 or older has sexual contact with someone between 13 and 16, then is unlawful sexual conduct and requires knowledge of age

Sexual Battery - engages in sexual conduct with a person who is not his spouse and the D knowingly coeerces the vitim to submit by any measn that would prevent resistance by a person of ordinary resolution. (many others as well like students and congregation members, etc.)