Chapter 8: Crimes Against Persons: Assault, Battery, Kidnapping & Stalking Flashcards
Assault
An unlawful threatened or attempted battery. Assault is when one attempts to injure another OR threatens / frightens to injure another with the present ability to do so.
Battery
An unlawful, unjustified or offensive touching of another person
Elements of Assault
- An unlawful or threatened attempt
- With apparent present ability
- To injure another person
Elements of Battery
- An unlawful and willful
- Use of offensive touching, violence or force (no matter how slight)
- Against another person
Present Ability
he accused must be in a position to carry out the threatened battery immediately AND the threat of harm must be obvious.
Bodily Injury
Unlawful application of force of a physical nature upon the victim
Mayhem
The malicious and unlawful destruction, amputation or permanently disabling or disfiguring of a member/organ of the body of another.
Kidnapping
The unlawful and willful seizure and confinement of another person against their will by use of force, threat, fraud or deception.
Asportation
The taking and/or carrying away of the property of another (for larceny) or of a person (for kidnapping).
Types of Kidnapping
- Forcible Kidnapping
- Kidnapping with lascivious /lewd intent
- Kidnapping with the intent to take out of a state
- Kidnapping by non-custodial parent
False Imprisonment
The unlawful violation of the personal liberty of another
Elements of False Imprisonment
- The unlawful seizing a person
- The confinement and or restraint of that person
- By the use of force, threat of force, deception or fraud
Stalking
When a person willfully and repeatedly follows or harasses another person in a manner that would lead a reasonable person to be in fear or injury or death.
According to the video about Lawrence Singleton committing mayhem, among other crimes, against Mary Vincent, how much time did he serve in prison for those offenses?
8 years
According to the video about Lorena and John Wayne Bobbitt, what caused Lorena’s attack?
Repeated domestic violence