Common Law Other Offenses Against a Person

Question 1

Elements of Battery

Answer 1

1. Unlawful application of physical force
2. Resulting in physical injury or offensive contact (by any means)
   a. particular physical contact may be deemed insulting or provoking based on factual context in which it occurs.
3. Done intentionally, knowingly, or purposely.

Question 2

Elements of Assault

Answer 2

An intentional attempt to commit an unlawful battery on another.
Or
An intentional attempt to place another in reasonable fear of imminent bodily harm.

Question 3

Objective Standard of Reasonable Apprehension

Answer 3

Standard for determining whether there has been an offense is whether a reasonable person under similar circumstances as the victim would have a reasonable apprehension of bodily injury. The standard is objective, asking whether a reasonable person under similar circumstances would have reasonably apprehended bodily injury. Only mental state required to convict is that the defendant have a conscious object to engage in that conduct or be aware of his conduct

Question 4

Assault as Attempted Battery

Answer 4

Attempted battery requires that defendant intended to physically harm the victim, did an act toward that end, and had actual ability or apparent ability to inflict bodily harm. Defendant can be convicted if he either attempted battery or threatened battery.

Question 5

Elements of Kidnapping

Answer 5

Unlawful asportation of another
Forcibly, or by threat, or fear
For some nefarious purpose

Question 6

Garza Four-Factor Balancing Test for Kidnapping

Answer 6

(a) duration of movement
(b) whether movement occurred during commission of separate offense
(c) whether such movement was an inherent part of that separate offense
(d) whether the movement itself presented a significant danger to the victim independent of the danger posed by the separate offense.