Other Crimes Against Person

Question 1

What time of intent does battery require?

Answer 1

General Intent

Question 2

What are the elements of a battery?

Answer 2

Battery is a general intent crime established by:

1) D’s unlawful application of force
2) D does so intentionally, recklessly, or as a result of criminal negligence
3) without legal justification or excuse

Question 3

How is simple battery elevated to aggravated battery?

Answer 3

Defendant:

1) causes serious bodily harm
2) uses deadly weapon;
3) or special category of victim (child, woman, cop)

Question 4

What are the defenses to battery?

Answer 4

1) valid consent
2) self-defense and defense of others as long as force is proportional
3) prevention of crime so long as proportional force

Question 5

What are the two types of assault?

Answer 5

1) failed attempted battery

2) fear of battery assault

Question 6

What is failed attempt battery?

Answer 6

Proof that D intended to actually batter a victim but failed

Question 7

What is fear of battery assault?

Answer 7

D never intended to actually batter the victim, but instead, to put the victim in fear of an immediate battery.

Question 8

What elements are required to fear of battery assault to rise to aggravated felony assault?

Answer 8

1) D commits with dangerous weapon
2) D acts with intent to rape or murder victim
3) Victim is specially protected by statute

Question 9

What are the elements of false imprisonment?

Answer 9

1) Confinement of one person
2) by another
3) confinement is intentional and against the law
4) victim is fully confined.

Question 10

What are the common law elements of kidnapping?

Answer 10

1) unlawful
2) restraint of person’s liberty
3) by force or show of force
4) so as to send V into another country

Question 11

What are the modern elements of kidnapping?

Answer 11

1) unlawful
2) restraint of person’s liberty
3) by force or show of force
4) victim moved to another location or concealed
(Majority some asportation necessary; restraint alone is not enough)

Question 12

What are the common law elements of rape?

Answer 12

1) carnal knowledge of a woman (vaginal penetration of V by D) not wife
2) against her will (without consent)
3) by force or threat of force (No was not enough)

Question 13

The modern rule for rape focuses on….

Answer 13

the objective lack of consent

Question 14

What is statutory rape?

Answer 14

If Victim is under statutorily prescribed age of consent, intercourse equals rape, even if victim express her consent and D mistakenly believed she was of age.