Crimes Against the Person

Question 1

Battery

Answer 1

Defined: The unlawful application of force to the person of another resulting in bodily injury or offensive touching

• The act must be intentional, reckless, or criminally negligent. (doesn’t have to be intentional - GI crime)

Force may be indirect (e.g., siccing a dog)

Simple battery may rise to aggravated battery (a felony) where (1) Δ causes serious bodily injury, (2) Δ uses a deadly weapon (used in intended manner), (3) or V is specially protected (e.g., child, woman, police)

DEFENSES: valid consent (no coercion or fraud), defense (self/others, proportional force), prevent crime

Question 2

Assault

Answer 2

Two types of criminal assault—

1. “Attempted battery” assault: Δ intended to commit battery, no need to finish (V need not be aware). (specific intent)
2. “Fear of battery” assault: Δ intentionally put V in reasonable apprehension of imminent bodily harm. (Rob at knifepoint w/no intent to touch).

If actual touch, then only battery.

Simple assault may rise to aggravated assault (a felony) where (1) Δ acts with intent to commit a violent crime (rape, maim or murder), (2) Δ uses a dangerous weapon. (+ maybe if protected V).

Question 3

Kidnapping

Answer 3

Unlawful confinement of V w/o valid consent (1) via movement of V or (2) concealment of V in a “secret” place.

Confinement: V is compelled to go where he doesn’t wish to go or remain where he doesn’t wish to remain.

Aggravated Kidnapping: for ransom, w/purpose to commit other crime, child stealing.

Children and the mentally disabled lack legal capacity to consent, so their consent is irrelevant

Question 4

False Imprisonement

Answer 4

Unlawful confinement of a person without valid consent. MPC requires that Confinement must “interfere substantially” with V’s liberty.

Not confinement (or FI) to prevent a person from going somewhere, if alternate route is available

Question 5

Rape

Answer 5

At common law, unlawful carnal knowledge of a woman by a man not her husband without effective consent. Modernly, there is no marital exception or gender restriction. Slightest penetration is sufficient.

Lack of effective consent: Intercourse is by (1) actual force , (2) threat of great and immediate bodily harm, (3) V is incapable of consenting (has mental condition, unconscious, intoxicated), or (4) V is fraudulently caused to believe that it is not intercourse.

Note that consent due to other types of fraud (for example, the perpetrator persuading the victim that the perpetrator is the victim’s
spouse or that they will get married) is effective.

Traditional and MPC say husband cannot rape wife - most states reject this now.

Statutory rape (carnal knowledge of a person under the age of consent).
- strict liability (no need to show lack of consent).
- mistake as of age: general answer is lack of knowledge doesn’t matter - strict, if not available as answer then only if D reasonably believed V was old enough.