offenses against the person Flashcards
offenses against the person
battery, assault, aggravated assault, homicide, false imprisonment, kidnapping
battery
unlawful application of force to the person resulting in either bodily injury or offensive touching.
Need not be intentional.
Force need not be applied directly (such as poisoning).
Batter is a general intent crime.
assault
An attempt to create a battery OR the intentional creation of a reasonable apprehension of imminent bodily harm.
aggravated assault
Assault plus either:
- the use of a deadly or dangerous weapon OR
- with the intent to rape, mame, or murder
false imprisonment
Unlawful confinement of a person without his valid consent.
If a known alternate route is available, the confinement element will not be met for purposes of false imprisonment.
One’s consent to the confinement precludes it from constituting false imprisonment.
kidnapping
Confinement of a person with either:
1) some movement OR
2) concealment in a secret place
Rape
The slightest penetration completes the crime of rape.
Statutory rape is a strict liability crime. Consent of the victim is no defense, and mistake of fact is no defense.