Offenses Against the Person & Sex Offenses 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
- General Intent Crime
- need not be intentional
- need not be applied directly
Assault
- an attempt to commit a battery, or
- the intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm
Distinction between Assault & Battery
Battery requires actual touching
Aggravated Assault
Assault +:
- the use of a deadly or dangerous weapon, or
- with the intent to rape, mame or murder
Homicide: Murder:
Murder is the unlawful killing of another human being with Malice aforethought
Malice Aforethough:
- intent to kill; or
- intent to inflict grave bodily harm; or
- intent to commit a felony; or
- reckless indifference to an unjustifably high risk to human life
Malice Aforethought Types into degrees:
First Degree
- intent to kill; or
- intent to commit a felony; or
Second Degree
- reckless indifference to an unjustifably high risk to human life; or
- intent to inflict grave bodily harm
Causation for Murder
Need:
- cause in fact
- and proximate cause
Cause-in-Fact
- Defendant’s conduct must be the cause in fact for the victim’s death
- the death would not have occured “but for” the defendant’s conduct
Proximate Cause
Defendant is responsible for all results that occur as a natural and probable consequence of his conduct , even if he did not anticipate the exact manner it would occur.
Degrees of Murder
- First Degree Murder
- Second Degree Murder
- Manslaughter
- voluntarty manslaughter
- involuntary manslaughter
First Degree Murder Types:
- Premeditated Killing
- Felony Murder
- Homicide of a Police Officer
Premeditated Killing
- Victim must be a human (dead human)
- Defendant must have acted with intent or knowledge that his conduct would cause death
Felony Murder
Any killing (even accidental) committed during the course of a felony
Defenses to Felony Murder
- Defense to the underlying felony
- The felony they are committing must be a felony other than the killing
- the deaths must be foreseeable
- Deaths that occur after the defendant reaches a point of temporary safety
- On the MBE, defendant is not liable for the death of a Co-felon as a result of resistance by police or victims.
Homicide of a Police Officer
- Defendant must know the victim is a police officer
- the victim must be acting in the line of duty
Second Degree Murder
- depraved heart killing
- murders that are not classified as first degree murders
Depraved Heart
reckless indifference to an unjustifiably high risk to human life
Voluntary Manslaughter
- killing in the heat of passion resulting from adequate provocation by the victim
- provocation must be on that would arise a sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control;
- must not be a space of time between provocation and killing for the passions of a reasonable person to cool; and
- the defendant did not infact cool off between provocation and killing
Involuntary Manslaughter
- a killing of criminal negligence; or
- misdemeanor manslaughter - killing someone while committing a misdemeanor or unumerated felony
Imperfect self-defense
- only some states recognize
- defendant has an honest but unreasonable belief that his lif was in imminent danger
- this defense will reduce murder to manslaughter
False Imprisonment
Unlawful confinement of a person without valid consent
- a known alternate route negates the confinement element
- consent precludes it from being false imprisonment
Kidnapping
Confinement of a person with either some movement or concealment in a secret place
Sex Offenses
- Rape
- Statutory Rape
- Crimes Against Nature and Other Sex Crimes
Rape
slightest penetration completes the crime of rape
Statutory Rape
Strict liability crime
