Crimes against the person: Confinement and Sex Offenses Flashcards
false imprisonment
unlawful confinement of a person without his or her consent
mental state: general intent
NY unlawful imprisonment
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
common law kidnapping
false imprisonment
that involves either moving the victim or concealing the victim in a secret place
NY kidnapping
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
forcible rape
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
Statutory rape
sexual intercourse with someone under the age of consent
mental state:
Majority/NY: strict liability
MPC/Minority: reasonable mistake of age is a defense
age of consent in NY
Age of consent is 17.
Defendant must be at least 21 and the victim 16 or younger.