Exam 8 Final Version

Question 1

Indecent Assault and Battery on person 14 years old and older
265 s 13H

Answer 1

Elements
* V at least 14 at time of offense
* S committed an A&B which was “indecent”
* Which the victim did not consent to

Right of arrest Felony

Notes
* An unwanted or offensive touching of a “sexual” nature, usually involving the female breasts, buttocks or genital areas.

**Gender does not matter e.g. a person of the same gender can commit an Indecent Assault and Battery.

Question 2

Know body parts. Know <14 can’t consent to any sexual touching

Indecent Assault and Battery on child under 14 years old
265 s 13B

Answer 2

Elements
* The child was not yet 14 years old at the time of the offense;
* The S committed an A&B which was indecent.

Right of arrest Felony

Important: A child under age 14 is presumed incapable of consenting to any sexual touching.

Remember the three body parts: female breasts, buttocks, or genitals.

Question 3

Aggravated Indecent Assault and Battery on child under 14 years old
265 s 13B1/2

Answer 3

The aggravated charge will be used when:
* The S is a mandated reporter; OR

• When the act is committed during an attempted or actual commission of the following crimes:
• Burglary or home invasion
• Breaking and entering, or entering without breaking, or breaking and entering into a dwelling house
• Kidnapping
• Robbery
• ADW
• ABDW
• Posing a child in state of nudity or sexual conduct

Question 4

Rape
265 s 22

Answer 4

ELEMENTS
Intercourse. The suspect engaged in natural or unnatural sexual intercourse;
**Force or threat. ** By compelling the victim to submit by force or by threat of bodily injury against his or her will.

RIGHT OF ARREST Felony

Question 5

Natural intercourse

Answer 5

The insertion, no matter how slight, of the penis into the vagina.

Question 6

Unnatural intercourse

Answer 6

Includes oral intercourse and anal intercourse. This includes mouth/vagina and mouth/penis contact. Intrusion is not required. Inserting a finger or object into the genital or anal opening is rape

Question 7

AGGRAVATED RAPE
265 S 22 (a)

Answer 7

ELEMENTS
Intercourse. The suspect engaged in natural or unnatural sexual intercourse;
Force or threat. By compelling the victim to submit by force or by threat of bodily injury against his or her will; AND
**Aggravating factor. **The rape episode:

Caused serious bodily injury; OR

Constituted a joint enterprise; OR

Occurred during the commission or attempted commission of: ABDW; ADW; Armed Robbery; Unarmed Robbery; Kidnapping; Armed B&E of a Dwelling; Unarmed B&E; B&E with Intent to Commit a Felony; B&E Daytime; Night Entry of a Dwelling; Carrying a Dangerous Weapon

RIGHT OF ARREST Felony

Question 8

Rape of a Child under 16
265 S 22 (a)

Answer 8

ELEMENTS
Intercourse. The suspect engaged in natural or unnatural sexual intercourse;
Force or threat. By compelling the victim to submit by force or by threat of bodily injury against his or her will; and
Under 16. The victim is under the age of 16.

RIGHT OF ARREST Felony

Question 9

Know what makes it aggravated (5 things)

Aggravated Rape of a Child under 16
265 S 22 (B)

Answer 9

**ELEMENTS
The unconsented intercourse with a child under 16 must also involve one of the following factors:

During the attempted or actual commission of: burglary; home invasion; B&E; entering without breaking; kidnapping; robbery; ADW or ABDW; posing or exhibiting child in state of nudity or sexual conduct; or

Result in substantial bodily injury, defined by 265 s 13J as “bodily injury which creates a permanent disfigurement, protracted loss or impairment of a function of a body member, limb, or organ, or substantial risk of death”; or

Committed while victim bound or gagged; **or **

Committed after defendant administered, or caused to be administered, alcohol or a controlled substance by injection, ingestion, or any other means to the victim without the victim’s consent; or

Committed by a joint enterprise; or

**Committed in a manner in which the victim could contract a sexually transmitted disease **about which the victim knew or should have known.

Question 10

Notice this does not involve force or threat of bodily harm (like rape).

STATUTORY RAPE
265 S 23

Under 16 can’t consent to sexual intercourse

Answer 10

ELEMENTS
The suspect unlawfully;

Engaged in natural or unnatural sexual intercourse with the victim;

**Who was under 16 years of age at the time of the offense.

RIGHT OF ARREST Felony

NOTE
Child under 16 makes consent irrelevant. Those under 16 are not sufficiently mature to understand fully the physical, mental, and emotional consequences of sexual intercourse.

Question 11

AGGRAVATED STATUTORY RAPE
265 S 23A

Answer 11

ELEMENTS
The intercourse with a child under 16 must also involve one of the following factors:
**More than a 5 year age difference between the defendant and the victim, who is under 12 years old; **OR

More than 10 years age difference between the defendant and the victim, who is between 12 and 16 years old; OR

At the time of the intercourse, the** defendant was a mandated reporter of child abuse. **

RIGHT OF ARREST Felony

Question 12

Assault with Intent to Commit Rape
265 s 24

Answer 12

ELEMENTS
Assault. The suspect committed an assault on the victim;
Specific intent. While having the specific intent to rape the victim.

Right of Arrest Felony

Note: This is a suspect attempting to rape a victim, but, for some reason, is unsuccessful.

Question 13

Minor in Possession of Alcohol
138 S 34C

Answer 13

**Elements
Under 21 and no guardian. The suspect was under 21 and unaccompanied by a parent or legal guardian; and
Possess or transport. Knowingly possessed, transported, or carried on his person;
Alcohol. Any alcohol or alcoholic beverage.

**Right of arrest ** Misdemeanor. Warrantless arrest in presence.

Question 14

Know all 6!

MA Acceptable Forms of Identification (6)

Answer 14

1. MA driver’s license
2. MA Liquor ID Card
3. MA ID Card
4. US Passport or a passport issued by a country recognized by the US
5. Passport card
6. Military ID