Crim Law - Confinement Offenses (false imprisonment, kidnapping) and Sex Offenses (forcible and statutory rape)

Question 1

The Confinement Offenses

Answer 1

False Imprisonment (Unlawful Imprisonment in NY), Common law Kidnapping, Kidnapping in NY

Question 2

Common Law False Imprisonment

Answer 2

Elements

(1) The unlawful
(2) confinement of a person
(3) without his or her consent

Mental State: GENERAL INTENT

Question 3

“Unlawful” Imprisonment in NY***

Answer 3

Second Degree
(1) unlawfully (2) restraining someone, (3) without their consent, and (4) with knowledge that the restriction is unlawful

First Degree - 2nd - plus a risk of SERIOUS PHYSICAL INJURY

Question 4

Common Law Kidnapping

Answer 4

Elements

(1) False Imprisonment
(2) that involves moving the victim or concealing the victim in a secret place

Mental State: GENERAL INTENT

Question 5

Kidnapping in NY***

Answer 5

Second Degree -
Abducting Someone

First Degree - 2nd degree plus one of the following

(1) RANSOM
(2) RESTRAINT of the victim for more than 12 hours with intent to rape, injure, or rob the victim; or
(3) the DEATH of the victim

REMINDER: Kidnapping and Homicide in NY

(1) if victim is killed ACCIDENTALLY - 2nd degree (felony) murder
(2) If the victim is killed INTENTIONALLY during a kidnapping of the first degree - 1st degree felony murder

Question 6

FORCIBLE RAPE

Answer 6

Elements

(1) sexual intercourse (note: any amt of penetration qualifies)
(2) without the victim’s consent
(3) accomplished by
- — (a) Force
- — (b) Threat of Force
- — (c) when the victim is unconscious

Mental State: GENERAL INTENT

Question 7

Statutory Rape

Answer 7

Elements

(1) Sexual Intercourse
(2) with someone under the age of CONSENT

Mental State:
Majority Rule: Strict Liability
MPC/Minority Rule: A reasonable mistake of age is a defense

NY*** Age of Consent is 17
(D must be at least 21, and victim 16 or younger)
-there are degrees based on age difference (e.g. victim is 12 or younger, 1st degree)