Crimes Against the Person

Question 1

Criminal Assault

Answer 1

Criminal assault is

(1) the attempt to commit a battery or
(2) intentional creation by other than mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Question 2

Criminal Battery

Answer 2

Criminal battery is the

(1) unlawful application of direct or indirect force
(2) to the person of another
(3) resulting in
(4) bodily injury or an offensive touching.

Question 3

Aggravated Battery

Answer 3

The same as battery except with the addition of one of the following four elements:

(1) use of a deadly weapon;
(2) serious bodily injury; or
(3) the victim is a child, woman, or police officer

Question 4

Mayhem

Answer 4

Mayhem involves dismemberment or disablement of a body part.

Question 5

Kidnapping

Answer 5

Kidnapping is the confinement of a person that also involves either movement of the victim or concealment of the victim in a secret place.

Question 6

Aggravated Kidnapping

Answer 6

Involves kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for an offensive purpose, and child stealing.

Question 7

Rape

Answer 7

The unlawful carnal knowledge of a woman by a man who is not her husband.

The unlawful element means without the victim’s consent. Consent is ineffective if intercourse is accomplished by force, threats of great and immediate harm, and where the victim is incapable of consenting due to unconsciousness, drugs, intoxicating substances, or the victims mental condition.

Question 8

Homicide, Definition

Answer 8

Second Degree Murder is the

(1) unlawful killing (which includes causation)
(2) of a human being
(3) with malice aforethought.

First Degree Murder also includes

(1) premeditation (after a period of reflection, however brief) and
(2) deliberation (committed coolly dispassionately)

Question 9

Malice Aforethought, for Homicide

Answer 9

Established by

(1) the intent to kill
(2) intent to inflict great bodily injury
(3) reckless indifference to the unjustifiably high risk to human life; or
(4) felony (killing committed in the course of the commission of a felony)

Question 10

Voluntary Manslaughter

Answer 10

Voluntary manslaughter is the

(1) intentional killing
(2) of a human being
(3) with adequate provocation.

Question 11

Adequate Provocation, for voluntary Manslaughter

Answer 11

Adequate provocation requires

(1) it be one that would arouse sudden and intense passion in the mind of an ordinary person so as to cause loss of self-control; and
(2) the defendant is in fact provoked;
(3) insufficient time for passions of a reasonable person to cool; and
(4) defendant in fact did not cool off