crimes against persons

Question 1

common law assault

Answer 1

intent to commit a battery

Question 2

assault- modern majority

Answer 2

intent to commit battery or intends victim be put in fear of imminent battery; reasonable apprehension of imminent bodily harm
cannot be based on words alone

Question 3

Kidnapping- modern majority

Answer 3

It is usually sufficient that the victim is taken to another location or concealed.

Question 4

rape and defense

Answer 4

Mistake of fact can be a defense, because there is no requirement to prove extrinsic force. However, the mistake must be both honest and reasonable.

Question 5

rape modern majority

Answer 5

There is no implied resistance requirement. The focus is on objective evidence of lack of consent.
 Penetration alone satisfies the “force” requirement.
 If a reasonable person in the defendant’s situation would have known the victim was not consenting, that establishes the “against the will” and without consent element.
 Consent is determined objectively from observable circumstances.

Question 6

false imprisonment

Answer 6

is the confinement of one person by another when it is intentional, against the law, and the victim is fully confined.
no confinement if there is a reasonable means of escape

Question 7

• Mayhem

Answer 7

Intent to maim or do bodily injury accompanied by an act that either:
 Dismembers; or
 Disables the victim’s use of some body part useful in fighting.

Statutes have expanded the scope of the crime to include permanent disfigurement.
or aggravated batter in juris. that don’t recognize

Question 8

battery

Answer 8

i) unlawfully applies force (can be indirect, like a rock if the defendant puts it in motion);
ii) does so intentionally, recklessly, or as a result of criminal negligence; and
iii) does so without legal justification or excuse

Question 9

battery defenses

Answer 9

i) valid consent;
ii) self-defense and defense of others, as long as proportional force was used; and
iii) prevention of crime, so long as proportional force was used

Question 10

felony assault

Answer 10

i) the defendant commits the assault with a dangerous weapon;
ii) the defendant acts with the intent to rape or murder the victim; or
iii) the victim is specially protected by statute

Question 11

felony battery

Answer 11

i) valid consent;
ii) self-defense and defense of others, as long as proportional force was used; and
iii) prevention of crime, so long as proportional force was used

Question 12

rape common law

Answer 12

i) carnal knowledge of a woman (vaginal penetration of the victim by the defendant) not the
defendant’s wife;
ii) against her will (without consent); and
iii) by force or threat of force (“NO” was not enough)

Question 13

common law burglary

Answer 13

the breaking and entering of another’s dwelling at night with the intent to commit a felony therein.
at common law breaking meant you actually had to break something, like a window or a locked door