Offenses Against the Person Flashcards

Question 1

Q

Assault & Battery

Answer

A

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

___________________________________________
ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

Question 2

Q

If there has been an actual touching of V

the crime _____

Answer

A

Can Only be Battery

Not Assault

Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

___________________________________________
ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

Question 3

Q

Battery

Answer

A

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching

i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

___________________________________________

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________
ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

Question 4

Q

Aggravated Battery — Felony

Most statutes define certain acts as Aggravated Batteries, including _______

Answer

A

(1) Use of Deadly Weapon
- ordinary object may become deadly weapon depending upon how it is used
(2) Serious Bodily Injury is Caused
(3) Class of Victim
- Child
- Woman
- PO

___________________________________________

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

___________________________________________
ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

Question 5

Q

In a Majority of Jxds,

Assault is either: ____ or ____

Answer

A

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

___________________________________________

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

Question 6

Q

Aggravated Assault

Either _____ or _____

Answer

A

(1) Use of a Dangerous (or Deadly) Weapon
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

___________________________________________

ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

___________________________________________

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Simple Battery — Misdemeanor

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

Question 7

Q

Simple Battery — Misdemeanor

Answer

A

General Intent
- Most Jxds require no more than criminal negligence
- But can be intentional
Indirect Force
- Force need not be applied directly.
- Sufficient if force is applied by a force or substance put in motion by D.
  - Ex — by causing
    - dog to attack V
    - V to take a poisonous substance
Defenses
- Some Jxds recognize Consent as a defense to
  - simple battery and/or
  - certain specified batteries

___________________________________________

If there has been an actual touching of V
- — the crime can only be Battery — not Assault
Some Jxds have eliminated the term “battery”
- — and define that offense as a type of assault

___________________________________________

BATTERY

(1) an unlawful application of force
- — to the person of another
(2) resulting in either
- (a) bodily injury, or
- (b) offensive touching
i.e., a completed assault

Aggravated Battery — Felony

Most statutes define certain acts as aggravated batteries — including
- (1) Use of Deadly Weapon
  - ordinary object may become deadly weapon depending upon how it is used
- (2) Serious bodily injury is caused
- (3) Class of Victim
  - Child
  - Woman
  - PO

___________________________________________
ASSAULT
Majority of Jxds — Assault is either:

(1) Attempt to Commit a Battery
- Specific Intent
  - bcas it involves attempt
  - D must intend to commit a battery
- Minority of Jxds — limit to
  - this prong and exclude 2 threats
  - D having present ability to succeed in carrying out a batter. Lack of an ability to succeed precludes liability. (Unloaded gun problem — impossible to carry out)
(2) Threat
- Intentional creation of reasonable apprehension of imminent bodily harm in V
- General Intent
- Words alone usually insufficient

Aggravated Assault

(1) Use of a Dangerous (or Deadly) Weapon, or
(2) Intent to Commit
- (a) Rape
- (b) Maim
- (c) Murder

Question 8

Q

Mayhem

Answer

A

Common Law

(1) Dismemberment (removal) of body part
(2) Disablement of body part
General Intent

Modern Trend

Maj
- Abolish as separate offense
- Classify as Aggravated Battery
Min
- require specific intent to maim or disfigure

Question 9

Q

False Imprisonment

Answer

A

(1) Unlawful
(2) Confinement of a Person
(3) Without their Valid Consent

(1) Unlawful

Confinement is unlawful unless
- (a) specifically authorized by law. or
- (b) consented to by V

(2) Confinement of a Person (act / omission)

V must be compelled either to
- (a) go where he does not wish to go, or
- (b) to remain where he does not wish to remain
  - Not confinement to simply prevent V from going where he desires, if alternative routes are available
- MPC requires confinement to
  - “Interfere Substantially” with V’s Liberty
May be Accomplished By:
- (a) Actual Force,
- (b) Threats, or
- (c) Show of Force

(3) Without their Valid Consent

Consent must be freely given
Invalidated / Cannot be obtained through
- coercion, threat, or deception
- incapacity due to mental illness, substantial cognitive impairment, or youth

Notes
If moved or hidden → kidnapping

General Intent

Also
Kidnapping
Battery
Rape

Question 10

Q

What Crime?

(1) Unlawful
(2) Confinement of a Person
(3) Without their Valid Consent

Answer

A

False Imprisonment

If Moved or Hidden → Kidnapping

General Intent

Kidnapping
Battery
Rape

(1) Unlawful

Confinement is unlawful unless
- (a) specifically authorized by law. or
- (b) consented to by V

(2) Confinement of a Person (act / omission)

V must be compelled either to
- (a) go where he does not wish to go, or
- (b) to remain where he does not wish to remain
  - Not confinement to simply prevent V from going where he desires, if alternative routes are available
- MPC requires confinement to
  - “Interfere Substantially” with V’s Liberty
May be Accomplished By:
- (a) Actual Force,
- (b) Threats, or
- (c) Show of Force

(3) Without their Valid Consent

Consent must be freely given
Invalidated / Cannot be obtained through
- coercion, threat, or deception
- incapacity due to mental illness, substantial cognitive impairment, or youth

Question 11

Q

Kidnapping

Answer

A

(1) Unlawful Confinement of a Person
- Pretty much false imprisonment
  - same rules regarding consent — free consent given by a person competent to give it
(2) Involving either
- (a) Asportation OR
  - Some Movement of V
- (b) Concealment of V
  - in an unknown, hidden, or secret location

Aggravated Kidnapping

for ransom
for the purpose of committing other crimes / offensive purposes
child stealing

Question 12

Q

What Crime?

(1) Unlawful Confinement of a Person
(2) Involving either
- (a) Asportation
  - Some Movement of V, or
- (b) Concealment of V
  - in an unknown, hidden, or secret location

Answer

A

Kidnapping

For Confinement element

Pretty much false imprisonment
- same rules regarding consent — free consent given by a person competent to give it

Aggravated Kidnapping

for ransom
for the purpose of committing other crimes / offensive purposes
child stealing

Question 13

Q

False Imprisonment

+ Moved (asportation) OR Hidden

Becomes ______

Answer

A

Kidnapping

___________________________________________

FALSE IMPRISONMENT

(1) Unlawful
(2) Confinement of a Person
(3) Without their Valid Consent

(1) Unlawful

Confinement is unlawful unless
- (a) specifically authorized by law. or
- (b) consented to by V

(2) Confinement of a Person (act / omission)

V must be compelled either to
- (a) go where he does not wish to go, or
- (b) to remain where he does not wish to remain
  - Not confinement to simply prevent V from going where he desires, if alternative routes are available
- MPC requires confinement to
  - “Interfere Substantially” with V’s Liberty
May be Accomplished By:
- (a) Actual Force,
- (b) Threats, or
- (c) Show of Force

(3) Without their Valid Consent

Consent must be freely given
Invalidated / Cannot be obtained through
- coercion, threat, or deception
- incapacity due to mental illness, substantial cognitive impairment, or youth

Notes

General Intent

Also
Kidnapping
Battery
Rape

___________________________________________

KIDNAPPING

(1) Unlawful Confinement of a Person
- Pretty much false imprisonment
  - same rules regarding consent
    - free consent given by a person competent to give it
(2) Involving either
- (a) Asportation
  - Some Movement of V, or
- (b) Concealment of V
  - in an unknown, hidden, or secret location

Aggravated Kidnapping

for ransom
for the purpose of committing other crimes / offensive purposes
child stealing

Brainscape's Knowledge GenomeTM

Offenses Against the Person Flashcards

Brainscape's Knowledge Genome^TM