III.B Crimes Against Persons

Question 1

How do battery and assault differ?

Answer 1

Battery = intentional/neckless or criminally negligent APPLICATION of UNLAWFUL FORCE resulting in injury or OFFENSIVE TOUCHING

Assault = attempted battery or INTENTIONAL CREATION OF REASONABLE APPREHENSION OF IMMINENT BODILY HARM

Question 2

What is the mens rea for battery and assault?

Answer 2

Battery: (1) to make PHYSICAL CONTACT or (2) act in a way that was RECKLESS or CRIMINALLY NEGLIGENT (such that you ultimately apply unlawful force)

Assault: (1) attempted battery = attempt to commit battery and (2) assault as threat = create REASONABLE APPREHENSION of IMMINENT

Question 3

What is the common defense to alleged assault?

Answer 3

Mere words insufficient - must be accompanied by an overt act

Conditional threats sufficient, unless legally permitted to compel or negates intent

Question 4

What are the elements of rape?

Answer 4

(1) sexual intercourse (slightest penetration)

(2) by force or threat of force

(3) without consent

Question 5

What are the elements of false imprisonment?

Answer 5

Unlawful confinement

Won’t be unlawful if (1) authorized by law or (2) valid (non coerced) consent

Won’t be confinement if alternative routes are available (have to remain somewhere or go somewhere against wishes)

Question 6

What are the elements of kidnapping?

Answer 6

False imprisonment + moving away or concealing.

Movement requires “substantial distance”

Question 7

What is “mayhem” and what is the required intent?

Answer 7

Grevious bodily harm

Intent: Merely to harm