Crimes against person (nonhomicide)

Question 1

Defined 2 elements battery. What intent required?

Answer 1

1. Unlawful application of force
2. Causing bodily injury or offensive touching
3. Is a general intent crime

Question 2

assault comes in 2 flavors - name them. 3. required intent?

Answer 2

1. attempt to commit battery
2. intentional creation of imminient bodily harm other than by mere words
3. SPECIFIC INTENT

Question 3

What is the definition of the crime of battery under New York law?What is the connection between New York battery and New York assault?

Answer 3

There is no battery under New York law. There is only assault. Assault requires the victim to suffered physical injury. Attempted assault is also possible and is equivalent to common-law assault.

Question 4

3 factors make a crime more or less serious in New York. Name them.

Answer 4

1. Weapons – add a gun at a degree.
2. Injury – 2 levels: physical injury (substantial pain) and serious injury (permanent or life-threatening)
3. Quantity

Question 5

What is second-degree assault in New York?

What is first-degree assault?

Answer 5

Intentionally causing serious physical injury.

1st degree: add a gun.

Question 6

What are the 3 elements of false imprisonment at common law?

Answer 6

1. The unlawful confinement
2. of a person
3. without his/her consent

Question 7

What intent is required for false imprisonment?

Answer 7

General intent

Question 8

What does New York call false imprisonment?

Answer 8

unlawful imprisonment

Question 9

What is unlawful imprisonment in the 2nd degree under New York law? what would make it 1st degree?

Answer 9

Unlawfully restraining someone without their consent, and
knowledge that the restriction is unlawful.
It becomes 1st degree with risk of serious phys injury

Question 10

What are the elements of kidnapping under common law?

Answer 10

False imprisonment that involves moving the victim or concealing the victim in a secret place.It is a general intent crime

Question 11

Under New York law what is the definition of kidnapping: in the 2nd degree? In the 1st degree?

Answer 11

2nd degree: abducting someone.
First-degree: abduction + (1 of 3) ransom OR restraint of the victim for at least 12 hours with the intent to rape and or or rob OR the death of the victim

Question 12

Under New York law, if a victim is killed during a kidnapping, is that felony murder? When is it first-degree felony murder and second-degree felony murder?

Answer 12

It is first-degree felony murder for killing his intentional.
2nd refill the murder for killing his unintentional

Question 13

What are the 3 elements of forcible rape under common law? (It is a predicate offense for felony murder)

Answer 13

1. Sexual intercourse
2. Without the victim’s consent
3. Accomplished by force, or by threat of force, or when the victim is incapable of consent (unconscious, drunk, mental condition)

Question 14

What are the 2 elements of statutory rape?

Answer 14

Intercourse with someone under the age of consent

Question 15

Under the minority rule, a _____ mistake of age is a defense to statutory rape

Answer 15

reasonable

Question 16

Define rape by fraud

Answer 16

The victim is FRAUDULENTLY caused to believe that THE ACT IS NOT INTERCOURSE!

Question 17

Under New York law, may the defendant be convicted solely on the testimony of the victim for a sex crime where lack of consent is it an element and such lack of consent results from mental defect or incapacity?

Answer 17

Corroborating evidence is required under those circumstances. In cases of forcible rape, criminal sexual act, or sexual abuse, no corroboration is required.