Crimes against the person: Confinement and Sex Offenses Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

false imprisonment

A

unlawful confinement of a person without his or her consent

mental state: general intent

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2
Q

NY unlawful imprisonment

A

second degree– unlawfully restraining someone, without their consent and with knowledge that the restriction is unlawful

first degree– plus a risk of serious physical injury

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3
Q

common law kidnapping

A

false imprisonment

that involves either moving the victim or concealing the victim in a secret place

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4
Q

NY kidnapping

A

Second degree: abducting someone

first degree + one of the following:

1) ransom
2) restraint for more than 12 hours with intent to rap, injure or rob
3) death of the victim

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5
Q

forcible rape

A
predicate felony for felony murder
required acts:
1) sexual intercourse
2) w/o victim's consent
3) accomplished by :
force OR
by threat OR
 when victim is unconscious

Mental state: general intent

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6
Q

Statutory rape

A

sexual intercourse with someone under the age of consent

mental state:
Majority/NY: strict liability
MPC/Minority: reasonable mistake of age is a defense

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7
Q

age of consent in NY

A

Age of consent is 17.

Defendant must be at least 21 and the victim 16 or younger.

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