Other Crimes

Question 1

What is assault?

Answer 1

Either:
1. Attempting to commit a battery (unlawful physical contact).
2. Intent to place another in imminent fear of injury (words alone are not enough).

Question 2

What constitutes battery?

Answer 2

• The intentional or reckless causing of bodily injury or offensive touching to another person.

Question 3

What is aggravated battery?

Answer 3

• Battery involving the use of a deadly weapon or causing serious bodily injury.

Question 4

What is mayhem?

Answer 4

• The permanent dismemberment or disablement of a bodily part.
• Modernly treated as an aggravated battery.

Question 5

What constitutes kidnapping?

Answer 5

• Unlawful restraint of a person’s freedom by:
  
  1. Movement of the person, OR
  2. Concealment in a secret place.

Aggravated kidnapping: For ransom, to commit another crime, or when children are taken.

Question 6

What is rape?

Answer 6

• Unlawful sexual intercourse without consent.
• Penetration of the vagina or anus by any body part or object, or oral penetration by a sex organ of another person.

Question 7

What are the elements of larceny?

Answer 7

1. Trespassory taking (without permission).
2. Carrying away the property.
3. Personal property of another.
4. Intent to permanently deprive the owner of the property.

• Jon picks up your laptop and moves it an inch but then puts it back. Is Jon guilty of larceny?
  Answer: No, because there was no carrying away and no intent to permanently deprive.

Question 8

What constitutes embezzlement?

Answer 8

• The fraudulent conversion of property that was lawfully possessed by the defendant.
• No requirement to take or carry away the property.

Question 9

What is false pretenses?

Answer 9

• Obtaining title to property through false statements with intent to defraud the owner.

Question 10

What is larceny by trick?

Answer 10

• Obtaining possession of property by fraud or deceit.
• The defendant does not gain title to the property.

Question 11

What are the elements of robbery?

Answer 11

1. Trespassory taking of property.
2. By force, intimidation, or fear.
3. Intent to permanently deprive the owner.

• Jon robs a bank at gunpoint. What crime did Jon commit?
  Answer: Robbery, as force was used.

Question 12

What are the elements of burglary?

Answer 12

1. Breaking & entering (by force, fraud, or enlargement of entrance).
2. Dwelling of another.
3. At nighttime (modern trend: anytime and any structure).
4. Intent to commit a felony at the time of entry.

• Jon breaks into his neighbor’s house to watch a game and steals the TV afterward. Did Jon commit a burglary?
  Answer: Yes, he broke and entered with intent to commit a felony (theft).

Question 13

What are the elements of receiving stolen property?

Answer 13

1. Physical possession of stolen property.
2. Knowledge that the property was stolen.
3. Intent to keep the stolen property.

Question 14

What constitutes extortion?

Answer 14

• Threat of future harm to deprive someone of their property.

Question 15

What constitutes arson?

Answer 15

• Malicious burning of the dwelling of another.
• Reckless burning may also qualify.

Modern trend: Includes any structure and time of day.

Question 16

What is forgery?

Answer 16

• Fraudulent creation or alteration of a document with legal significance.
• The document is made false with intent to defraud.

Question 17

What are general intent crimes?

Answer 17

• No specific intent required; the act itself is enough.

Examples:
- Battery
- Arson
- Rape
- Kidnapping