Offenses Against the Person

Question 1

Battery

Answer 1

The unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.

A battery can be, but need not be, intentional, and the force need not be applied directly.

Question 2

Battery - Type of Intent

Answer 2

General intent crime

Question 3

Aggravated Battery

Answer 3

Punished as a felony - following are treated as aggravated batteries.

1) battery with a deadly weapon,
2) battery resulting in serious bodily harm, and
3) Battery of a child, woman, or police officer.

Question 4

Assault

Answer 4

Assault is either:

1) an attempt to commit a battery, or
2) the intentional creation - other than by mere words - of a reasonable apprehension in the mind of the victim of imminent bodily harm.

NOTE: if there has been an actual touching of the victim, the crime can only be battery, not assault.

Question 5

Aggravated Assault

Answer 5

Assault + one of the following:

1) the use of a deadly or dangerous weapon, or
2) with the intent to rape, maim, or murder.

Question 6

False Imprisonment (common law)

Answer 6

The unlawful confinement of a person without the person’s valid consent.

Question 7

False Imprisonment (MPC)

Answer 7

the confinement must “interfere substantially” with the victim’s liberty.

Question 8

False Imprisonment (alternative route)

Answer 8

It is not confinement to simply prevent a person from going where they desire to go, as long as alternative routes are available to them.

Question 9

False Imprisonment (Consent)

Answer 9

Consent is invalidated by coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth.

Question 10

Kidnapping

Answer 10

Modern statutes often define it as unlawful confinement of a person that involves either:

1) some movement of the victim, or
2) concealment of the victim in a “secret” place.

Question 11

Aggravated Kidnapping

Answer 11

includes kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing (the consent of a child to their detention or movement is not of importance because a child is incapable of giving valid consent).

Question 12

Rape

Answer 12

Gender-neutral “sexual assault” - the slightest penetration is sufficient.

Question 13

Rape - Absence of Marital Relationship

Answer 13

Under the traditional rule and MPC, a husband cannot rape his wife, but most states today either reject this rule entirely or reject it where the parties are estranged or separated.

Question 14

Rape - Lack of Effective Consent

Answer 14

To be rape, the intercourse must be without effective consent. Lack of effective consent exists where:

1) intercourse is accomplished by actual force,
2) intercourse is accomplished by threats of great and immediate bodily harm
3) the victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; or
4) the victim is fraudulently caused to believe that the act is not intercourse.

NOTE: consent due to other types of fraud (ex: persuading they will get married) is effective.

Question 15

Statutory Rape - Mistake as to Age

Answer 15

Statutory rape is strict liability. Mistake of fact is not a defense to strict liability.

Question 15

Statutory Rape

Answer 15

carnal knowledge of a person under the age of consent.

strict liability crime, and therefore, it is not necessary to show lack of consent.