Crimes against the Person: False Imprisonment, Kidnapping Flashcards

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

What are the elements of “false imprisonment”?

A
  1. UNLAWFUL CONFINEMENT of a person;
  2. WITHOUT his valid consent

Additional MPC requirement –> confinement must “substantially interfere” w/ victim’s liberty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

With regards to false imprisonment, what is NOT considered confinement?

A

It is NOT confinement to simply prevent someone from going where they want to go, as long as alternative routes are available?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

With regards to false imprisonment, when is consent invalidated?

A

consent is invalidated by:

  1. coercion, threats, deception; OR
  2. incapacity due to mental illness, cognitive impairment, or youth
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the elements of “kidnapping”?

A

Most kidnapping statutes –>

  1. unlawful confinement of a person that involves
  2. EITHER:
    (i) some MOVEMENT of the victim; OR
    (ii) CONCEALMENT of the victim in a secret place
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the general requirements for “aggravated kidnapping” ?

A
  1. kidnapping for ransom
  2. kidnapping for the purpose of committing other crimes
  3. kidnapping for offensive purposes
  4. child stealing

NOTE –> if victim is a child, her consent is irrelevant bc she is not capable of giving consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly