Crimes Against The Person - Confinement and Sex Offenses

Question 0

What is Unlawful Imprisonment in New York?

Answer 0

Second Degree:
Unlawfully restraining someone without their consent, and with knowledge that the restriction is unlawful.

Ratchet to First if risk of serious physical injury.

Question 1

What are the elements of False Imprisonment?

Answer 1

The unlawful confinement of a person without his or her consent.
(general intent)

Question 2

Define common law Kidnapping.

Answer 2

False imprisonment that involves EITHER
- Moving the victim, or
- Concealing the victim in a secret place
(general intent)

Question 3

Define Kidnapping in New York.

Answer 3

Second Degree: abducting someone
Ratchet up to First: 
\+ ransom
\+ victim is restrained for more than 12 hours with intent to rape, injure, or rob the victim
\+ victim dies

Question 4

What happens if a victim is killed accidentally during a kidnapping (in NY)?

Answer 4

Second Degree Felony Murder

Question 5

What happens if a victim is intentionally killed during a kidnapping (in NY)?

Answer 5

First Degree Felony Murder

Question 6

Define Forcible Rape.

Answer 6

Sexual intercourse (any amount of penetration) without victim’s consent accomplished by:

• force
• threat of force, or
• when victim is unconscious

(general intent)

Question 7

Define Statutory Rape.

Answer 7

Sexual intercourse with someone below the age of consent.

Majority: strict liability
Minority: a reasonable mistake as to age is a defense

Question 8

What is the age of consent in NY?

Answer 8

17

Also - there must be a sufficient age gap
If victim is 16, D must be at least 21 for there to be statutory rape.