Other Crimes Against Person

Question 1

rape

Answer 1

three types:
1. common law
2. MPC
3. statutory rape

Question 2

common law rape

Answer 2

rape is the:
1. unlawful sexual intercourse,
2. of a woman by a man (NOT her husband),
3. without her consent

Modern definition: includes marital rape (in most states) and makes gender irrelevant

Question 3

MPC rape

Answer 3

a male who has sex with a female (not his wife) is guilty of rape if:
- he compels her by force/threat of imminent death, serious bodily injury, extreme pain, or kidnapping,
- he secretly drugs her,
- female is unconscious, OR
- female is less than 10 years old

Deviate sexual intercourse: has same elements as above, but gender is netural

Question 4

statutory rape

Answer 4

is the:
- unlawful sexual intercourse,
- with a person,
- under the age of consent (as defined by statute)

typically 16 years old

Question 5

battery

Answer 5

is the
- unlawful application of force
- directly or indirectly upon another person or their close peronsal belongings,
- resulting in injury or offensive contact

NOTES
- battery is a general intent crime
- intent to cause injury is NOT required

Question 6

assault

Answer 6

either
- an attempted battery, OR
- the intentional creation of a reasonable apprehension of imminent bodily harm to a person

Question 7

CL kidnapping

Answer 7

is the
- confining, restraining, or moving of a person
- without authority of law

Question 8

MPC kidnapping

Answer 8

abducting another person
- for ransom
- to facilitate a felony
- to inflict bodily injury or terrorize, OR
- to interfere with a government/political function

Question 9

CL false imprisonment

Answer 9

is the
- unlawful
- confinement of a person
- against their will
- with knowledge that the restriction is unlawful

Question 10

MPC false imprisonment

Answer 10

when D knowingly restrains a person unlawfully so as to substantially interfere with the person’s liberty