Crimes Against A Person Flashcards
What is the mental state for battery?
General intent
When might battery be a felony rather than a misdemeanour?
When the defendant commits aggravated battery, such as force with a deadly weapon, against certain classes of person, or resulting in serious bodily injury
What is the mental state for assault?
Specific intent
There are two types of assault: name them.
- Attempted battery
2. Reasonable apprehension
For the offence of assault by reasonable apprehension, what are the elements of the crime?
The intentional creation
Other than by mere words
Of a reasonable apprehension in the mind of the victim
Of imminent bodily harm
What is the mental state for false imprisonment?
General intent
What acts are required to commit false imprisonment?
The unlawful confinement of a person (restricting their liberty)
Without their consent
For consent to be given voluntarily, what two elements must be present?
It must be freely given by the victim
And the person must have capacity to do so
What is the mental state for the offence of kidnapping?
General intent
What are the actus reus elements for the offence of kidnapping?
False imprisonments, which involves either:
- Moving the victim; or
- Secluding the victim in a secret place
What are the two sex offences you need to know on the bar exam?
Forcible rape and Statutory rape
Is reasonable mistake as to someone’s age a defence to statutory rape?
In some states it is, but the general position is it is not because it is a strict liability offence.
What is the mental state for the crime of forcible rape?
General intent
What is the actus reus for forcible rape?
Sexual intercourse without the victim’s consent
Accomplished by:
Force,
Threat of force, or
When the victim is unconscious
What is the actus reus for statutory rape?
Sexual intercourse with someone under the age of consent
