Crimes against Persons

Question 1

Elements of criminal battery

Answer 1

Unlawful;
Application of force;
To another person;
That causes bodily harm OR constitutes offensive touching

Question 2

What is the mens rea for battery?
Is it specific or general intent?

Answer 2

Since battery is a general intent crime, the mens rea is intent to cause harmful contact or offensive touching, not intent to cause a harmful result.

⚠️ Note: In most states and under the MPC, the mens rea can be satisfied if D acted recklessly or in a grossly negligent manner.

Question 3

What circumstances elevate a misdemeanor battery to an aggravated battery?

Answer 3

If D:

• Causes serious bodily injury;
• Uses a deadly weapon; or
• Has intent to kill or intent to rape

Question 4

What are the defenses to battery?

Answer 4

1. Valid consent;
2. Self-defense or defense of others; or
3. Necessity (battery was necessary to prevent a crime)

Question 5

Define

Assault

Answer 5

1. Unsuccessful attempt to commit battery (“attempted-battery assault”); or
2. Placing another in apprehension of immediate harm (“apprehension assault”)

Question 6

When does V have reasonable apprehension of imminent harm?

Answer 6

When V reasonably anticipates that D’s act(s) will result in immediate bodily harm or offensive contact (subjective standard)

Question 7

Differentiate between battery and assault

Answer 7

Battery: bodily harm or offensive touching

Assault: attempted battery or act that places V in fear of immediate harm (no touching required)

Question 8

Do verbal threats alone constitute assault?

Answer 8

No. Words must be in conjunction with an overt threatening act or gesture to constitute assault.

Question 9

What are conditional threats in the context of assault?

Answer 9

Where defendant threatens harm only if the victim doesn’t obey defendant’s demands
(E.g., hand over your wallet or I’ll kill you”)

Question 10

When are conditonal threats not sufficient to establish element of assault?

Answer 10

1. Where there is a legal right to compel action (e.g., “If you don’t get off my property, I will kill you”)
2. Where the condition expressly negates intention to harm the victim (e.g., “if you weren’t a girl, I would snap your neck.)

Question 11

​What circumstances elevate assault to aggravated felony assault?

Answer 11

If assault is committed with:

• A dangerous weapon;
• Intent to rape or kill; or
• V is specially protected by statute

Question 12

Define

common law mayhem

Answer 12

Crime that disfigures or permanently disables V.

⚠️ Equivalent to modern aggravated battery

Question 13

Elements of false imprisonment

Answer 13

1. Unlawful;
2. Confinement of V;
3. Without V’s consent

Question 14

Is the “confinement” element of false imprisonment met if there are alternate routes available?

Answer 14

No

Question 15

Elements of kidnapping

Answer 15

1. Unlawful;
2. Confinement of V;
3. Against V’s will; and
4. V is either moved or hidden

Question 16

How far does D need to move V to satisfy the movement element (asportation) of kidnapping?

Answer 16

Very little. In some states, even moving V a few feet qualifies as asportation.

Question 17

Is kidnapping a general intent crime or specific intent crime?

Answer 17

General intent crime → only need intent to commit the act.

Question 18

Can kidnapping be charged if movement if incidental to some other offense?

Answer 18

No. (E.g., a rapist who forces victim into a car can’t be prosecuted for kidnapping)

Question 19

What is the difference between the MPC’s movement element of the kidnapping crime and the common law?

Answer 19

MPC has the “substantial distance rule” where the defendant has to move the victim a substantial distance from the vicinity where she is found.
The Common law doesn’t require the victim to be moved far at all

Question 20

Elements of common law rape

Answer 20

1. Unlawful;
2. Sexual intercourse (requires penetration, however minimal);
3. With a female;
4. Without consent; and
5. With force or threat of force

⚠️ Note: Most modern statutes have abandoned the gender requirement and some have abandoned the force requirement.

Question 21

If D makes a reasonable and honest mistake as to whether V consented, does D have the mens rea for rape?

Answer 21

No, the requisite mens rea is negated.

Question 22

Can you gain consent for rape by fraud?

Answer 22

Yes, if consent is obtained by fraud, it is nonetheless regarded as valid consent
E.g.- (You can trick someone into giving you consent… “I’m a rapper so give me some.” This is technically obtaining consent by fraud if you’re not a rapper)

Question 23

What is “fraud in the essence” when it comes to rape?

Answer 23

If, due to fraud, the** victim does not realize that she is having sex**, this would be rape (e.g., doctor has sex with patient by informing her that she is being treated with surgical instrument)

Question 24

Define

Statutory Rape

Answer 24

D has intercourse with a person below the statutorily prescribed age of consent.

Question 25

Is statutory rape a general intent, specific intent, or strict liability crime?

Answer 25

Strict liability crime. Even if D reasonably believed V was of age, or V lied about their age, D is still liable.

The prosecution only needs to prove D intended to do the act itself.

⚠️ You can still be charged with attempt for statutory rape.

Question 26

Dram Shop Rule

Answer 26

If a business sells alcoholic beverages to an obviously drunk person, they will be strictly liable for anyone injured by the drunken patron