Criminal Law -- Crimes against the Person

Question 1

Aggravated Kidnapping –when is it “aggravated,” not just kidnapping?

Answer 1

1. ransom
2. fpo committing another crime
3. offensive purpose (harm them, sex crime)
4. child

Question 2

Criminal Assault

Answer 2

1. attempted battery

2. intentional creation by more than mere words an R apprehension of immediate bodily harm.

Question 3

What type of fraud is sufficient to constitute rape?

Answer 3

Fraud as to the nature of the act.

Question 4

Robbery

Answer 4

1. taking
2. of the personal property of another
3. from their person or presence
4. w/force or threat of force
5. with the intent to permanently deprive of it

Question 5

Robbery is basically an aggreavated form of _____ in which the taking ______________.

Answer 5

larceny

is accomplished by force or threat of force

Question 6

What type of threat is sufficient for robbery?

Answer 6

1) immediate death or serious physical injury to THE VICTIM,
2) immediate death or serious physical injury to a FAMILY MEMBER,
3) immediate death or serious physical injury to a PERSON IN HER PRESENCE at the time.

4) Threat to do DAMAGE TO PROPERTY is not sufficient except threat TO DESTROY V’s HOME.

Question 7

Aggravated Battery?

Answer 7

1) deadly weapon
2) serious bodily injury
3) V is woman, child or police officer

Question 8

Intent for Battery?

Answer 8

General intent.

criminal negligence suffices.

Question 9

General Intent

Answer 9

Criminal negligence suffices.

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 10

Strict L crime

Answer 10

Statutory Rape.
carnal knowledge of a person under the age of consent.

1. consent doesn’t matter
2. reasonable mistake doesn’t matter.

Question 11

Specific intent crime

Answer 11

requires doing a criminal act with a specific intent or objective.

Question 12

Which defenses apply only to specific intent crimes?

Answer 12

Intoxication,

Unreasonable Mistake of fact

Question 13

Specific Intent crimes

Answer 13

1) Solicitation: Intent to have the person solicited commit the crime;
2) Attempt: Intent to complete the crime;
3) Conspiracy: Intent to have the crime completed;
4) First degree premeditated murder (where so defined by statute): Premeditated intent to kill;
5) Assault: Intent to commit a battery;
6) Larceny and robbery: Intent to permanently deprive another of his interest in the property taken;
7) Burglary: Intent at the time of entry to commit a felony in the dwelling of another;
8) Forgery: Intent to defraud;
9) False pretenses: Intent to defraud; and
10) Embezzlement: Intent to defraud.

Question 14

Solicitation

Specific or general intent?

Answer 14

Specific.

Intent to have the person solicited commit the crime.

Question 15

Attempt

Specific or general intent?

Answer 15

Specific.

Intent to complete the crime.

Question 16

Conspiracy

Specific or general intent?

Answer 16

Specific.

Intent to have the crime completed.

Question 17

First degree premeditated murder:

Specific or general intent?

Answer 17

Specific.

Premeditated intent to kill.

Question 18

Asasult:

Specific or general intent?

Answer 18

Specific.

Intent to commit a battery.

Question 19

Larceny:

Specific or general intent?

Answer 19

Specific.

Intent to permanently deprive another of his interest in the property taken;

Question 20

Robbery:

Specific or general intent?

Answer 20

Specific.

Intent to permanently deprive another of his interest in the property taken;

Question 21

Burglary:

Specific or general intent?

Answer 21

Specific.

Intent at the time of entry to commit a felony in the dwelling of another.

Question 22

Forgery:

Specific or general intent?

Answer 22

Specific.

Intent to defraud;

Question 23

False Pretenses:

Specific or general intent?

Answer 23

Specific.

Intent to defraud;

Question 24

Embezzlement:

Specific or general intent?

Answer 24

Specific.

Intent to defraud;

Question 25

Common law murder:

Specific or general intent?

Answer 25

Neither – MALICE.

Defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur.

Question 26

Arson:

Specific or general intent?

Answer 26

Neither – MALICE.

Defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur.

Question 27

Transferred Intent

• -what is it?
• -what’s it commonly apply to?
• -what does it NOT apply to?

Answer 27

Transferred intent:
D intended a harmful result on one person or object, and in trying to carry out that intent, caused a similar harmful result to another person or object.

Applies to (commonly):
Battery, Homicide, Arson

Does NOT apply to:
Attempt

Question 28

Kidnapping

(define)

Answer 28

Either:
Movement of a person
OR
Concealment in a secret place

Question 29

If a child consents to a kidnapping, is it still kidnapping?

Answer 29

Yes. incompetent to give consent by reason of age.