Criminal Law AMP - Other Crimes Against The Person Flashcards
In some jurisdictions, if a person moves a victim a short distance while committing another offense, he:
A may also be convicted of kidnapping if the victim is actually harmed in some way.
B may also be convicted of kidnapping if the victim is threatened with a deadly weapon.
C may also be convicted of kidnapping if the movement substantially increases the risk to the victim over and above that necessarily involved in the crime he is committing.
D may not be convicted of kidnapping.
C
A defendant who, during the commission of another offense, moves a victim a short distance may also be convicted of kidnapping if the movement substantially increases the risk to the victim over and above that necessarily involved in the crime he is committing. Kidnapping is defined as the confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place. Some movement, however short a distance, is generally sufficient for kidnapping. Being actually harmed or being threatened with a deadly weapon are not elements of kidnapping. QUESTION ID: C0051 Additional Learning
For aggravated kidnapping, the victim must be:
A Held for ransom, held in furtherance of another crime, or held for a long period
B Held for ransom, be a child, or held in furtherance of another crime
C Held for ransom, held for a long period, or be a child
B
Most states elevate the crime of kidnapping to aggravated kidnapping when it was committed for ransom, for the furtherance of another crime, or when the victim was a child. The fact that the victim is held for a long period of time generally is not considered in determining whether a kidnapping is “aggravated.” QUESTION ID: C0045A Additional Learning
The three most common batteries that are deemed to be aggravated are:
A A battery with a deadly weapon, a battery during which serious bodily injury is inflicted, and a battery of a police officer
B An intentional battery, a battery during which serious bodily harm is inflicted, and a battery against a child
C A battery with a deadly weapon, an intentional battery, and a battery against a child
D A battery in which a serious injury is intended, a battery against a child, and a battery against a police officer
A
Most statutes define certain acts as aggravated batteries and punish them as felonies. The most common aggravated batteries are batteries in which: (i) a deadly weapon is used; (ii) a serious bodily injury is inflicted; and (iii) the victim is a child, woman, or police officer. QUESTION ID: C0041A Additional Learning
Bigamy was traditionally a __________ crime.
A malice
B general intent
C specific intent
D strict liability
D
Traditionally, bigamy was a strict liability crime. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. Bigamy is a traditional strict liability offense that consists of marrying someone while having another living spouse. At common law, a defendant is guilty of bigamy even if she reasonably believes that a purported divorce is valid or that her spouse is dead. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. QUESTION ID: C0057 Additional Learning
When the victim is _______, a kidnapping is generally elevated to “aggravated kidnapping.”
A A child
B Held for a long time period
C Held against his will
A
Most states elevate the crime of kidnapping to aggravated kidnapping when the victim is a child (or when the victim is held for ransom or the kidnapping is committed in furtherance of another crime). The length of time the victim is held is not considered when determining whether a kidnapping is “aggravated.” The lack of consent (i.e., being held against one’s will) is an underlying concept of kidnapping; if one who is capable of consenting consents, there can be no kidnapping. QUESTION ID: C0045B Additional Learning
Select the most complete definition of the following crimes.
Battery is the unlawful application of force to the person of another resulting in _______ and assault is _______.
A An offensive touching; the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of an imminent bodily harm
B Either bodily injury or an offensive touching; either the attempt of a battery or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
C Bodily injury; the attempt to commit a battery
B
Battery is the unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. Assault is either an attempt to commit a battery or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm. QUESTION ID: C0059A Additional Learning
The dismemberment or disablement of a victim’s body part is the common law crime of:
A Assault
B Mayhem
C Attempted murder
B
At common law, mayhem—an aggravated form of battery—was either the dismemberment (removal) of some body part or disablement of a body part. Assault is either an attempt to commit a battery or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm. Attempted murder requires the intent to kill another (specific intent) plus some substantial step in furtherance of that intent. QUESTION ID: C0055B Additional Learning
Which best describes the mens rea for statutory rape?
A It is a strict liability crime
B It requires specific intent
C It is a malice crime
D It requires general intent
A
Statutory rape is normally considered to be a strict liability crime. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. Statutory rape is the crime of carnal knowledge of a person under the age of consent. Even if the victim willingly participated, the offense is nevertheless committed because consent is irrelevant. Reasonable mistake as to age is not a defense, as statutory rape is a strict liability crime. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. QUESTION ID: C0054A Additional Learning
In a majority of jurisdictions, an assault is defined either as __________ or as __________.
A an attempt to commit an offensive touching; the commission of an offensive touching that does not cause bodily injury
Correct
B an attempt to commit an offensive touching; the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
C an offensive touching that is caused negligently rather than intentionally; the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
D an offensive touching that does not cause any bodily injury; the intentional creation, other than by mere words, of a reasonable apprehension in the mind of a victim of imminent bodily harm
B
In a majority of jurisdictions, an assault is either an attempt to commit an offensive touching, or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm. Generally, battery is defined as an unlawful application of force to the person of another resulting in either bodily injury or, at a minimum, an offensive touching. Therefore, the first definition of assault can also be explained as an attempt to commit a battery. If any offensive touching occurs, the crime is battery, regardless of intent, and not assault. The crime of battery does not require bodily injury; any offensive touching suffices. The crime of battery is not downgraded to an assault because no injury occurs. QUESTION ID: C0042 Additional Learning
Battery can be distinguished from assault by the fact that:
A one can consent to a battery, but not to an assault.
B a battery must involve an actual touching of the victim, but an assault does not.
C battery is a strict liability crime, whereas assault is not.
D battery requires an actual injury, whereas assault does not.
B
A battery must involve an actual touching of the victim, but an assault does not. Battery is the unlawful application of force to the person of another resulting either in bodily injury or an offensive touching. In a majority of jurisdictions, assault is either an attempt to commit a battery or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of immediate bodily harm. The crimes of battery and assault are not strict liability crimes. Battery does not require an injury. An “offensive touching” is sufficient. One can consent to both a battery and an assault in certain circumstances (e.g., a boxer in a boxing match consents to being hit; the fact that his opponent might miss a punch does not make his opponent guilty of assault). QUESTION ID: C0059 Additional Learning
An assault may be committed by:
A Attempting to commit a battery
B Committing an offensive touching that does not produce an injury
C Committing an offensive touching that does produce an injury
A
In a majority of jurisdictions, an assault is either an attempt to commit an offensive touching (battery), or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm. Generally, battery is defined as an unlawful application of force to the person of another resulting in either bodily injury or, at a minimum, an offensive touching. Therefore, the first definition of assault can also be explained as an attempt to commit a battery. If any offensive touching occurs, the crime is battery, regardless of intent, and not assault. The crime of battery does not require actual injury; any offensive touching suffices. The crime of battery is not downgraded to an assault because no injury occurs. QUESTION ID: C0042B Additional Learning
Kidnapping is confinement of a person that involves _______.
A Either the movement of the victim or the concealment of the victim in a secret place
B Only the movement of the victim
C Concealment of the victim in a secret place for ransom
A
Kidnapping is confinement of a person that involves _______.
response - correct
Correct
AEither the movement of the victim or the concealment of the victim in a secret place
BOnly the movement of the victim
CConcealment of the victim in a secret place for ransom
Statutory rape is usually a __________ crime.
A malice
B specific intent
C strict liability
D general intent
C
Statutory rape is normally considered to be a strict liability crime. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme. Statutory rape is the crime of carnal knowledge of a person under the age of consent. Even if the victim willingly participated, the offense is nevertheless committed because consent is irrelevant. Reasonable mistake as to age is not a defense, as statutory rape is a strict liability crime. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. QUESTION ID: C0054 Additional Learning
Battery requires _______; assault _______.
A An actual offensive touching of the victim; also requires some sort of offensive touching
Correct
B An actual touching of the victim; does not
C An actual injury; requires only an offensive touching
B
A battery must involve an actual touching of the victim, but an assault does not. Battery is the unlawful application of force to the person of another resulting either in bodily injury or an offensive touching. In a majority of jurisdictions, assault is either an attempt to commit a battery or the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of immediate bodily harm. QUESTION ID: C0059B Additional Learning
As to a criminal charge of rape, only in limited circumstances will intercourse with consent obtained by fraud constitute rape. Which of the following acts of fraud generally is sufficient to satisfy the “without consent” element?
A Fraud as to the nature of the act.
B Fraud as to the defendant’s intent to marry the victim.
C Fraud as to the defendant’s profession or identity.
D Fraud as to whether the defendant is the victim’s husband.
A
Consent obtained by fraud as to the nature of the act (i.e., that the act constitutes sexual intercourse) will generally be sufficient to satisfy the “without consent” element of rape. When the fraud is as to whether the defendant is the victim’s husband, the “without consent” element ordinarily will not be satisfied. Other forms of fraud, such as the defendant’s false promise to marry the victim or the defendant’s misrepresentation of his profession or identity, generally will not satisfy the “without consent” element. QUESTION ID: C0048 Additional Learning
