Other Crimes Flashcards
Battery
Unlawful application of force to another person that causes bodily harm or an offensive touching.
Battery is a general-intent crime, so voluntary intoxication and unreasonable mistake of fact are NOT available defenses.
Attempted Battery
If a D has taken a substantial step toward completing a battery but fails, he will be guilty of assault.
It is a specific-intent crime because it is an attempt; specific-intent defenses are available.
Assault - Fear of Harm
Intentionally placing another in fear of imminent bodily harm.
This is a general-intent crime.
Rape - CL
Unlawful sexual intercourse with a female against her will by force or threat of force.
Note: Most modern rape statutes are gender-neutral and require lack of consent rather than the force requirement.
Rape is a general-intent crime. Voluntary intoxication CANNOT be used as a defense; also no mistake of fact.
Statutory Rape
Regulatory morals offenses that involves consensual sexual intercourse with a person under the age of consent.
This is a strict-liability crime.
Kidnapping
Unlawful confinement of another person against that person’s will either by moving or hiding the victim.
Arson
Malicious burning of another person’s dwelling.
Malice: Intent to act in a way that will cause burning, or is substantially likely to do so.
CL - there had to be damage to the structure
Modern - even if there is no damage to the structure, still arson
Note: Modern statutes also consider burning your own home arson. Modern also allows commercial buildings to be considered.
Perjury
Willful act of falsely promising to tell the truth, either verbally or in writing, about material matters.
Three Requirements: 1) the person must know what they are saying is false, 2) the person must intend to say something that is false, and 3) the falsity must go to a material matter.
Subornation of Perjury = A person persuades someone else to commit perjury, such as paying someone to testify falsely
Bribery
CL: Corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties.
Modern: Allows a bribery charge even if the person being bribed is not a public official.
A person can be convicted of bribery even if the person could not be bribed.
Forgery
Forgery occurs when a person makes a false document of apparent legal significance with the intent to defraud.
Documents of legal significance include checks, letters of recommendation, wills, diplomas, etc.
False Pretenses
False pretenses is when a person knowingly represented a past or existing material fact, did so with the specific intent to defraud, and thereby obtained title to another person’s property or money.
