Other crimes Flashcards
Battery
Battery is a general-intent crime with the following elements:
(1) Unlawful—i.e., unconsented—application of force, although the slightest touch can constitute force in some cases;
(2) To another person;
(3) That causes bodily harm or an offensive touching.
* The defendant need not herself touch the victim; * For example, throwing a rock at the victim qualifies as contact.
Battery is a general-intent crime that includes both intentional conduct and criminal negligence.
Assault: attempted battery
When a defendant has taken a substantial step toward completing a battery but fails.
A specific-intent crime because it is an attempt.
Assault: fear of harm
A general intent crime, fear-of-harm assault is intentionally placing another in fear of imminent bodily harm.
The victim’s apprehension must be reasonable.
Rape: common law
Largely superseded by modern statutes, the common law rule requires:
- unlawful
- sexual intercourse
- with a female
- against her will
- by force or threat of force.
Fraudulent conduct does not negate consent in most situations.
Rape: modern statutes
Unlike the common rule, modern statutes:
(1) Are gender neutral, and;
(2) Require lack of consent rather than the force requirement.
Because rape is a general-intent crime, voluntarily intoxication cannot be used as a defense.
Statutory rape
Strict liability offenses regulating consensual sexual intercourse with a person under the age of consent.
Conviction only requires that the defendant know she is having sex, i.e., ignorance or mistake of the victim’s age is no defense.
Other common law sex crimes
(1) Adultery;
(2) Fornication: sex between unmarried people;
(3) Crimes against nature, i.e., bestiality;
(4) Incest;
(5) Bigamy: marrying someone while still legally married to another;
(6) Seduction: a man telling a woman he will marry her if she has sex with him.
Kidnapping
Kidnapping requires:
- Unlawful
- confinement of another person
- against that person’s will
- either by moving or hiding the victim.
If the kidnapping occurs incident to another crime (e.g., robbery), then the movement must be more than is necessary for the commission of that crime in order for the perpetrator to be liable for both kidnapping and the separate offense.
Arson
Common law arson requires malicious burning of another person’s dwelling:
(1) Malice: intent to act in a way that will cause or is substantially likely to cause burning;
(2) Burning:
(a) At common law, there needed to be burning (rather than an explosion or smoke damage) and damage to the structure (not just to the contents inside);
(b) Under modern statutes, there need not be structural damage or a burning;
(3) Another person: Under modern statutes, unlike at common law, burning one’s own home is arson;
(4) Dwelling: Under modern statutes, unlike at common law, burning down a commercial building is also arson.
Perjury
The willful act of falsely promising to tell the truth, either verbally or in writing, about material matters.
Subornation of perjury: Convincing someone else to commit perjury, e.g., by payment.
The person must:
(1) Know what they are saying is false;
(2) Intend to say something that is false, and;
(3) The falsity must go to a material matter.
Bribery
Offering a bribe and receiving a bribe are both felonies.
(1) At common law: There must be a corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties;
(2) Modern law: A defendant can be charged with bribery even if the person being bribed is not a public official.
Battery: parents and children
The use of reasonable force in the exercise of parental authority (i.e., discipline) by a parent or by a person in charge of a child is justified if exercised for the benefit of the minor child.
