Kidnapping, Criminal Sexual Behavior

Question 1

Kidnapping

Answer 1

Court: General Sessions
Class: Class A Felony unless sentenced for murder
Punishment: not to exceed 30 years unless sentenced for murder
Elements:
1. Unlawful seizure, confine,inveigle, decoy, kidnap, abduct, or carry away
2. Any other person
3. By any means whatsoever
4. Without authority of law except when a minor is seized or taken by his parent

False imprisonment
Kidnapping is not always hostage for ransom
Different code if a parent is involved

Question 2

Criminal Sexual Conduct

Answer 2

Class Felony: First Degree A, Second Degree C, Third Degree E
Court: General Sessions
Punishment:
First 30 years
Second 20 years
Third 10 years
Elements: 
1. Sexual Battery with victim
2. Uses Aggravated force OR
3. The victim is also victim of forcible confinement, kidnapping, robbery, extortion, burglary, house breaking, or similar offense
OR
Causes victim without consent to become mentally or physically helpless by administering controlled or intoxicating substance

Second Degree:

1. Sexual Battery with victim and
2. uses aggravated coercion

Third Degree:
1.Sexual Battery with victim and
2. uses force or coercion in absence or aggravating circumstances
OR
1.Sexual battery with the victim and
2. The actor knows or has reason to know the victim is
A. Mentality defective
B. Mentally incapacitated
C. Physically helpless
3. Aggravated force or aggravated coercion was not use

Question 3

Criminal Sexual Conduct with a Minor

Answer 3

Court: General Sessions
Class: A,C, or D Felony
Punishment:
First Degree: Victim less than 11 years; 1st offense 25 years or Life Imprisonment , 2nd offense Life imprisonment or Death but case law death penalty for rape of child is unconstitutional
If victim less than 16 and actor convicted or adjudicated delinquent for offense listed in sex offender registry then not less than 10 years or more than 30.

Second Degree: Class C Felony 20 years

Question 4

Elements of Criminal Sexual Conduct with a Minor

Answer 4

First Degree

1. Sexual Battery
2. Victim Less than 11 years old OR
3. Victim Less than 16 and actor convicted or adjudicated delinquent for offense for sex offender registry.

Second Degree

1. Sexual Battery
2. Victim 14 or less but at least 11 years old OR
3. Sexual Battery
4. Age 14 or 15
5. Actor in Position of familial, custodial, or official authority to coerce victim or is older than victim. However he may not be convicted of this if he is 18 years or less when he engages in illicit but consensual conduct with another person who is at least 14 years of age

Third Degree

1. Actor is over 14
2. Actor willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body or parts of a child under 16
3. With the intent of arousing, appealing to or gratifying lust , passion of the actor or child. HOWEVER can not be convicted if the person is 18 years or less when he participates in consensual act with another who is at least 14

Question 5

Assault with Intent to Commit Criminal Sexual Conduct

Answer 5

Court: General Sessions
Elements: 
1. Intent to Commit CSC
2.An overt act toward commission of crime
Felony A,C, E

Question 6

Spousal Sexual Battery

Answer 6

Court: General Session
Class E Felony
1. Victim is Legal Spouse and LIVING TOGETHER
2. Sexual Battery
3. Accomplished through use of aggravated force, defined as the use or threat of a a weapon or use or threat of physical force, violence of high and aggravated nature
4. Must be reported to LE within 30 days
Victim’s prior sexual history is no admissible

Question 7

Criminal Sexual Conduct: Victim is Legal Spouse

Answer 7

Court: General Sessions
Felony A or C. (1st or 2nd degree)
1. Sexual Battery
2. Victim is Legal Spouse, LIVING APART
3. Actor's conduct constitutes CSC 1st or 2nd Degree
4. Must be reported to LE within 30 days

Question 8

Contributing to Delinquency of a Minor

Answer 8

Class A Misdemeanor
Court General Sessions ( because 3 years or $3000 fine or both)
Elements:
1. The accused is over 18 year of age affecting someone less than 18
2 and knowingly and willfully encouraged, aid or cause or did and act to cause or influence a minor (one or more of the following).
A. Violate any law or municipal ordinance
B. Become and be incorrigible or ungovernable or habitually disobedient and beyond the control of parents, guardians , custodians or lawful authority.
C. Become and be habitually truant
D. Repeatedly desert his home without consent or just cause
E. Engage in an occupation in violation of the law
F. Associate with immoral or vicious persons
G. Frequent any place of existence of which is against the law
H. Habitually used obscene or profane language.
I. Beg or solicit alms in any public place under any pretense
J. Deport himself as to willfully injure or endanger his morale health or those of others.

Question 9

Service Animals

Answer 9

Dog
Miniature Horse

Allowable Inquiries
If the animal is required because of a disability (unless it is obvious)
What work or task the animal is trained to do.

Unlawful to to interfere with a guide dog, if you notice your behavior is interfering with it and continue behavior
Your dog to to interfere with guide dog
Handicap person defined physical or mental impairments that substantially limited one or more major life activities including but not limited to caring for himself, performing manual task, walking, seeing, hearing, speaking, breathing, learning and working.