Crimes Against the Person Flashcards
What are the elements of battery?
Battery is the:
i) Unlawful;
- -i.e., without legal excuse. Excessive use of force by a police officer during an arrest is unlawful.
ii) Application of force;
- -Touching can be slight
- -Force can be applied by a third party acting under the defendant’s direction or by an object controlled by the defendant
iii) To another person;
- -Can be an object near, carried by, or attached to the victim
iv) That causes bodily harm to that person or constitutes an offensive touching.
Note: Battery may carry a greater penalty, by statute, when serious bodily injury is inflicted or bodily injury is caused by the use of a deadly weapon.
What is the requisite intent for battery?
Battery is a general-intent crime that includes not only intentional conduct but also criminal negligence (i.e., conduct that carries a high degree of risk to others).
What are the two types of assault, and what intent is required for each?
Assault is:
i) An attempt to commit a battery; or
- -D must take a substantial step toward the commission of a battery
- -D must have the specific intent to commit a battery
ii) Intentionally placing another in apprehension of imminent bodily harm.
- -general-intent crime; D must intend to cause bodily harm or apprehension of such harm
May consent be a defense to battery? To assault? Kidnapping?
Battery and assault: Yes.
Kidnapping: Only if given by a person with the capacity to consent. A child cannot consent to being taken out of the control of a parent or guardian.
What is the crime of “mayhem”?
Mayhem is a common-law felony battery that causes the dismemberment or permanent disfigurement of a person. It is the equivalent of modern statutory aggravated battery.
What are the elements of kidnapping?
Kidnapping is the:
i) Unlawful;
- -not legally sanctioned actions
ii) Confinement of a person;
- -freedom of movement must be significantly restricted; not just prevented from taking a path or entering an area; must be prevented from leaving an area or compelled to go to a place the victim does not want to go
iii) Against that person’s will;
- -confinement must be accomplished by force, threats, or fraud
iv) Coupled with either:
a) The movement (need only be a short distance); or
b) The hiding of that person (for a substantial period of time).
Note: A kidnapping that results in bodily injury, interferes with a governmental function, or is done for the purpose of collecting a ransom may be subject to enhanced punishment, by statute.
What are the elements of false imprisonment?
False imprisonment is the:
i) Unlawful;
ii) Confinement of a person;
- -May be effected by forcing a person to go where he does not want to or by preventing him from going where he does want if no reasonable alternative routes are available to him of which he is aware
- -May be done by actual force, threat of force, or a show of force.
iii) Without consent.
What are the common law elements of rape?
Rape is:
i) Unlawful;
- -Traditionally husband didn’t count; most states have either abolished this restriction or removed the immunity if the husband and wife have separated or filed for divorce
ii) Sexual intercourse;
- -Actual penetration, however slight, is required; emission is not
iii) With a female;
- -Most modern statutes are gender-neutral (woman can be perpetrator)
- -Most states recognize homosexual rape as a crime labeled “sexual assault” rather than rape
iv) Against her will by force or threat of immediate force.
- -Most modern statutes have replaced the force requirement with lack of consent
- -No consent when the female is unable to consent due to a drug-induced stupor or unconsciousness
- -Consent is ineffective if a woman consents to sexual intercourse because of a threat of harm, although the harm threatened must be imminent and must involve bodily harm. Economic duress is not sufficient
- -Consent obtained by fraud regarding the nature of the act itself—fraud in factum (e.g., the defendant convinces the victim that the act is not intercourse but part of a medical exam)—is not a valid defense.
- -Consent obtained by fraud in the inducement (e.g., a promise of marriage in exchange for sex) is a valid defense.
What is the intent requirement for common-law rape?
Rape is a general-intent crime requiring only the intent to commit intercourse without the consent of the female. Intent is negated if a defendant reasonably believes that the victim’s lack of resistance indicates consent.
What is statutory rape?
Statutory rape is sexual intercourse with a person under the age of consent. It is a strict-liability crime with respect to the age of the victim. Consent by the underage victim is not a defense. A defendant’s reasonable mistake of fact concerning the victim’s age is not a defense.
What are adultery and fornication?
Adultery and fornication are considered misdemeanor offenses in some states. Adultery involves sexual intercourse or cohabitation with a person who is not a spouse. Fornication is open and notorious cohabitation or sexual intercourse between unmarried persons.
What is incest?
In most jurisdictions, incest is marriage or sexual acts between persons that are too closely related. However, there is no uniformity in classifying the degree of relationship. While some states restrict incest to blood relatives, many other states extend the felony to non-blood relatives as well.
What is the intent requirement for bigamy?
A strict-liability offense (with respect to marital status), bigamy is the act of marrying someone while still legally married to someone else. Common law considered a defendant guilty even when the defendant incorrectly believed that an alleged divorce was valid or that his spouse was dead.
What is seduction?
Seduction occurs when a man induces a woman to have sexual intercourse with him on the false promise of marriage. Subsequent marriage may be a defense in some jurisdictions.
Example 72: Thomas has a crush on Ursula. After getting drunk one night, Thomas concludes that Ursula truly loves him. He goes to her room and knocks, but she won’t open the door, so Thomas breaks it down. Once inside, he tries to kiss Ursula. But she’s fast and he’s drunk, so she gets away. Is Thomas guilty of attempted battery (assault) against Ursula?
No, he didn’t mean to cause a battery.
