Ch. 6 Sex Offenses (E2) Flashcards
The unlawful intent to obtain carnal knowledge of a female without consent.
What is forcible rape?
What are the 3 mechanisms for determining if consent does not exist under forcible rape?
1) Forcible compulsion
2) Mental incapacitation or physical helplessness
3) Offender ≥ age of majority; victim < age of limited majority
To have penile-vaginal intercourse is to have…
Carnal knowledge
Rank the ages of limited majority, consent, and majority in order from least to greatest.
Limited majority < Consent < Majority
The unlawful intent to engage in penetration of another’s mouth or anus via penis, or mouth, anus, or penis via an object.
What is sexual battery?
What are 2 additional attending circumstances behind sexual battery outside of what is listed by definition?
1) Position of trust
2) Of a mentally defective person
Is insertion necessary for there to be penetration?
No
The act of obtaining carnal knowledge, with knowledge of age, of an unmarried, underage female of chaste character, by an older male.
What is statutory rape?
Engaging in penetration, with knowledge of the law, of another via the mouth or anus with consent.
What is sodomy?
What are the 4 sexual offenses that can aggravate sodomy to sexual battery under common law?
1) Fellatio
2) Cunnilingus
3) Buggery
4) Pederasty
What the 3 NON-AGGRAVATING acts of sodomy under common law?
1) Homosexuality
2) Bestiality
3) Necrophilia
What are the 3 exemptions to marital rape under common law?
1) Property theory
2) Contractual theory
3) Single legal entity theory
This marital rape exemption theory states that the wife is chattel (property).
What is property theory?
This marital rape exemption theory states that the wife made an agreement with God on her wedding day to make herself “available” to her husband at any time he sees fit.
What is contractual theory?
This marital rape exemption theory states that “you cannot rape yourself,” since the two spouses have become one entity under God.
What is single living entity theory?
What are the 2 justifications used to prohibit incest?
1) Genetics
2) Family disruption
What are the 2 types of incestuous relationships?
1) Affinity
2) Consanguinity
Marriage and/or sexual relations between two individuals who are closely related by marriage are acts of incest by…
Affinity
Marriage and/or sexual relations between two individuals who are closely related by blood are acts of incest by…
Consanguinity
Having sex with your father-in-law or mother-in-law would be considered…
Incest by affinity
Having sex with your sibling or first cousin would be considered…
Incest by consanguinity
When it comes to the genetics of incest, which is weighed more: the risk of recessive mutations or similarity between two relatives?
Risk of recessive mutations
Touching, rubbing, or handling with intent to fulfill sexual desires (yours or another’s perceived desires) of a child or vulnerable adult.
What is fondling?
What is meant by “vulnerable adult” under the lens of fondling?
An adult who is mentally or physically inept
Falsely promising marriage, with intent to deceive, to obtain carnal knowledge of a never-married female of chaste character.
What is seduction?
Law requiring states (law enforcement) to provide information to the public about registered sex offenders (e.g., requiring law enforcement to inform the community if a sexual offender moves there).
What is Megan’s Law?
What does Megan’s Law deter law enforcement from doing?
Neglecting their duties to inform the public about sex offenders
Database listing the personal ID information of sexual offenders.
What is the sexual offender registry?
When must sexual offenders update their information on the sex offender registry?
Whenever they move residencies
What happens if a sexual offender fails to register in a timely manner?
Untimely registration is a misdemeanor offense
The intentional display of genitalia for shock, alarm, or sexual gratification.
What is indecent exposure?
The reckless display of genitalia.
What is lewdness?
Viewing or attempting to view others’ naked bodies or sexual acts without their knowledge or consent.
What is voyeurism?
This piece of legislation prevents transportation of women (or girls) for the purpose of prostitution or other immoral behavior.
What is the Mann Act?
There are no longer any { } of polygamy. Only { }!
1) Crimes
2) Acts
A claimed or supposed extramarital union.
What is a purported marriage?
Is bigamy a wobbler?
Yes
If you have one, legally wedded wife alongside 4 extramarital wives (unions) who did NOT consent to this arrangement, you will be convicted on { } count(s) of bigamy.
4
If you have one, legally wedded wife alongside 4 extramarital wives (unions) who DO consent to this arrangement, you will be convicted on { } act of bigamy.
1
Which scenario of bigamy is considered felonious? The scenario where you get convicted of 4 counts, or the scenario where you get convicted of 1 count?
4
Depiction or description of an illegal act, in which a reasonably prudent person would find offensive, that rebels against the common sense of decency.
What is obscenity?
Test created in Miller v. California that establishes the current standard for determining if something is obscene.
What is the Miller Test?
What are the 3 components of the Miller Test (HINT: PAL)?
1) Prurient interest
2) Applicable state law
3) Lacking serious redeeming value
Insatiable desire or unusual interest in nudity or sexual acts.
What is prurient interest?
How many components of the Miller Test must be met to establish if something is obscene?
Trick question; all of them
What are the 4 different areas of serious redeeming value (i.e., do not denote obscenity)?
1) Political
2) Artistic
3) Literary
4) Scientific
