Crimes against the person: Confinement Offenses and Sex Offenses

Question 1

False Imprisonment

Answer 1

• The unlawful confinement of a person without his or her consent
• GENERAL INTENT

Question 2

Kidnapping

Answer 2

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

GENERAL INTENT

Question 3

Forcible Rape

Answer 3

Sexual Intercourse without the victim’s consent accomplished by either

• force
• threat of force
• when the victim is unconcious

GENERAL INTENT

Question 4

Statutory Rape

Answer 4

Sexual INtercouse with someone under the age of consent

MAJ: STRICT LIABILITY
MPC/MINORITY: allows a reasonable mistake of age as a defense

Question 5

Larceny (Common law theft crimes) (Definition)

Answer 5

TTCPAIP: Trespassory, taking and carrying away the personal property of another with the intent to permanently retain the property

• Trespassory: wrongful or unlawful
• Taking and carrying away: must be moved
• Personal property of another: who had lawful custody–> d cannot be guilty of larceny if he had lawful custody. Can be guilty of taking own property if someone else had lawful custody
• Intent to permanetly retain the property–> if planned to give it back, no intent to steal

Question 6

Erroneous Takings Rule

Answer 6

a taking under a claim of right is never larceny even if the defendant errouneously believes the property is his

Question 7

Continuing Trespass

Answer 7

if a defendant wrongfully takes property, but without the intent to steal, he will not be guilty of larceny.

but if the defendant later forms the intent to steal, the initial trespassory takiong is considered to have continues and will be guilty of larceny

Exception to concurrence principle

Question 8

Embezzlement

Answer 8

• Conversion of the personal property of another by a person already in lawful possesion of that property, with the intent to defraud
• SPECIFIC INTENT TO DEFRAUD
  
  • if gives the exact prp back in the exact form–no intent to defraud
• MUST HAVE LAWFUL POSSESSION of misappropriated property
• involves more than mere custody–requires authority to exercise discretion over the property

Question 9

False Pretenses

Answer 9

• Obraining title to the personal property of another by an intentional false statement with the intent to defraud.
• Compare: larcy d gets custody, false pretenses gets title/ownership
• False statement must be of a present or past event, not a future promise

Question 10

Larceny by Trick

Answer 10

If the defendant obtains only custdoy (not title) as a result of the intentional false statement, the crime is larceny by trick, not false pretenses

Question 11

Robbery

Answer 11

• A larceny from sone else’s person or presence b force or threat of immediate injury
• SPECIFIC INTENT TO STEAL

Question 12

Presence (robbery)

Answer 12

some location reasonbly close to the victim (rooms in a house other than the room in which the victim is located)

Question 13

Force (robbery)

Answer 13

Any amount of force sufficient to overcome resistance is sufficient

Question 14

Threats

Answer 14

need immediate injury

Under moder stat law, individual who threatens future harm committs extortion

Question 15

Forgery

Answer 15

Making or altering a writing so that it is false

SPECIFIC INTENT to defraud

Question 16

Theft (MPC)

Answer 16

MPC and most states consolidate larceny, embezzlement, false pretenses, and larceny by trick into offense of theft

Offenses are graded by the nature of the property taken