Legal Terms Chapter 12 - Crimes Against the Person and Human Habitation

Question 1

Robbery

Answer 1

The wrongful taking and carrying away of the personal property of another from the other’s person or personal custody, against the other’s will by force and violence, or by threat of force.

Question 2

Threat of force

Answer 2

Intimidation designed to put someone in fear that he or she will be the victim of violence, equivalent to force.

Question 3

Lesser included offense

Answer 3

A crime that contains some, but not all, elements of a greater offense, making it impossible to commit the greater offense without also committing the lesser offense.

Question 4

Maim

Answer 4

To cripple or mutilate in any way.

Question 5

Mayhem

Answer 5

Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts, or disables the tongue, or puts out an eye, or slits the nose, ear, or lip is guilty of mayhem; in common law.

Question 6

Battery

Answer 6

The actual contact or touching of another without permission or privilege and requires criminal intent or reckless behavior on the part of the perpetrator; also unlawful application of force on another person.

Question 7

Assault

Answer 7

An attempt to commit battery or putting someone in fear of battery; requires using a gun even if not shot or at least moving an arm.

Question 8

Aggravated assault

Answer 8

An assault committed with the intention of committing some additional crime.

Question 9

Carnal knowledge

Answer 9

Sexual intercourse; the slightest penetration of the sexual organ of the woman by the sexual organ of the man.

Question 10

Rape

Answer 10

Sexual intercourse; the slightest penetration of the sexual organ of the woman by the sexual organ of the man; in common law.

Question 11

Rape shield laws

Answer 11

Laws passed to help prevent rape victims from having their sexual history be sought or used by the defense as a defense strategy at trial.

Question 12

Statutory rape

Answer 12

Sexual intercourse with a child under the age set by state statute regardless of whether the child consented or not; also called unlawful sexual intercourse.

Question 13

“Romeo and Juliet” defenses

Answer 13

The defense permits statutory rape charges to be dropped where the victim is above an age threshold (i.e. 15) and the defendant is not more than 4 years older than the victim and was in a dating relationship with the victim at the time of the sexual encounter.

Question 14

Sex by deception

Answer 14

Sex by fraud.

Question 15

Domestic violence

Answer 15

The abuse of a closely related person such as a present or former spouse or cohabitant.

Question 16

Restraining order

Answer 16

An order forbidding a person from doing a particular act.

Question 17

Summarily

Answer 17

Quickly

Question 18

Stalking

Answer 18

The willful, malicious, and repeated following, harassing, and threatening of another person, intending to place the person in fear of death or serious bodily injury.

Question 19

Cyberstalking

Answer 19

Using the internet to put another person in fear for their or their loved one’s safety or life.

Question 20

Cyberbullying

Answer 20

Using the internet to malign or threaten someone.

Question 21

Cyberharassment

Answer 21

Using the internet to repeatedly interfere with someone’s life.

Question 22

Dwelling house

Answer 22

A house in which the occupier and family usually reside, including all outbuildings within the curtilage.

Question 23

Curtilage

Answer 23

The enclosed space of ground and buildings immediately surrounding a dwelling house.

Question 24

Nighttime

Answer 24

The time between one hour after sunset on one day and one hour before sunrise on the next day; the time of sunset and sunrise shall be ascertained according to mean time in the place where the crime was committed.

Question 25

Burglary

Answer 25

A breaking and entering of a dwelling house of another, in the nighttime, with the intent to commit a felony; in common law.

Question 26

Statutory burglary

Answer 26

Burglary that does not contain all the elements of common law burglary.

Question 27

Arson

Answer 27

The willful and malicious burning of the dwelling house of another; in common law.

Question 28

Attempted arson

Answer 28

An attempt to commit the crime of arson, but falling short of its commission.

Question 29

Statutory arson

Answer 29

The burning of a building other than a dwelling house or the burning of one’s own house to collect insurance; in some states, the mere setting of a fire constitutes the burning requirement.