NONMURDER CRIMES AGAINST THE PERSON

Question 1

Battery

Answer 1

Intentional or reckless or criminally negligent unlawful application of force to a victim

AGGREVATED BATTERY - Battery may be updated to aggravated battery if:

1. Causes serious bodily injury
2. Uses a deadly weapon
3. Special category of victim (child, pregnant women, officer)

Defenses:

1. Consent
2. Self-defense and defense of others (requires use of proportional force)
3. Prevention of a crime (requires proportional force)

Question 2

Assault

Answer 2

Attempting to commit battery or by intentionally causing the victim to fear an immediate battery

D must act with threatening conduct intended to cause reasonable apprehension of imminent harm to the victim

REASONABLE APPREHENSION:

1. Requires an expectation that the victim is about to incur immediate bodily harm
2. Victim must be aware of the threat of harm

AGGRAVATED FELONY ASSAULT:

1. Commits assault with dangerous weapon
2. Acts with the intent to rape or murder
3. Victim is specially protected by statute

Question 3

Mayhem (or Aggrevated Battery)

Answer 3

Intent to maim or do bodily injury through an act that:

1. Dismembers or
2. Disables a part of victim’s body

Question 4

False Imprisonment

Answer 4

Intentional confinement of one person by another, and the victim is fully confined

This crime will fail if there are means of escape

Question 5

Rape, bigamy, incest

Answer 5

Rape - Sexual contact with another without consent by force or threat of force.

Consent is determined objectively based on circumstances

If reasonable person in the defendant’s position would have known the victim was not consenting that establishes the lack of consent element

Bigamy - Marriage by one individual to more than one other person

Incest - Sexual relations between individual who are closely related. The degree of relationship varies by state.