Crimes Against Persons

Question 1

What are the elements of Common Law battery?

(Actus Reus)

(Mens Rea)

Answer 1

AR: (1) Unlawful application of force to another, that results in (2) bodily injury OR an offensive touching.

MR: General intent

Question 2

What are the elements of Common Law assault?

Answer 2

AR: Attempted battery; OR (1) Intentional creation, (2) other than by mere words, of (3) reasonable apprehension in the mind of the victim (4) of imminent bodily harm

MR: Specific intent

Question 3

NY QUESTION

What are the elements for 2d degree assault in NY?

Answer 3

Intentionally causing serious physical injury to another person

[Increase: weapon]

[Decrease: less injury]

Question 4

What is the bar study process for determining degree of offenses in NY?

Answer 4

Take a middle one; Guess at the others

Question 5

NY QUESTION

What are the three common features of NY crime degrees? (Weapons/Injury/Quantity)

Answer 5

Weapons (add a gun, add a degree)

Injury: injury (pain); serious injury (permanent or life threatening)

Quantity (money; drugs)

Question 6

NY QUESTION

What is the NY equivalent of common law assault?

Answer 6

Menacing

Question 7

When must a death occur for D to be liable for homicide?

(NY/Majority)

(CL)

Answer 7

NY/Majority: death may occur at any time

CL: death must occur within a year plus a day of act

Question 8

What are the elements of False Imprisonment at Common Law? (AR) (MR)

Answer 8

AR: Unlawful confinement of a person without his/her consent

MR: General Intent

Question 9

NY QUESTION

What are the elements of False Imprisonment in NY?

Answer 9

1. Unlawfully restraining someone
2. Without their consent
3. With knowledge that such restriction is unlawful

[1st degree: +Risk of serious physical injury]

Question 10

What are the elements of kidnapping at Common Law? (AR) (MR)

Answer 10

AR: (1) Moving victim OR (2) Concealing victim in secret place

MR: General intent

Question 11

NY QUESTION

What are the elements of kidnapping in NY?

Answer 11

Abducting someone

[1st degree: +Ransom; restraint of victim for more than 12 hrs with intent to injure rape or rob; or death of victim]

Question 12

What are the elements of forcible rape at common law? (AR) (MR)

Answer 12

AR: (1) Sexual intercourse (2) without the victim’s consent, that is (3) accomplished by force OR the threat of force OR when victim is unconscious/

MR: General intent

Question 13

What are the elements of statutory rape?

(AR) (MR-NY/majority) (MR-MPC)

Answer 13

AR: (1) Sexual intercourse (2) with someone under age of consent

MR (majority/NY): Strict Liability

MR (minority/MPC): Reasonable mistake of age is a defense

Question 14

NY QUESTION

What is the age of consent and special rules for statutory rape in NY?

Answer 14

NY age of consent = 17

To be considered statutory rape in NY, D must be 16 or younger AND P must be at least 21