Other Crimes Against Persons Flashcards
Criminal Battery
Includes simple battery and aggravated battery
Simple Battery
When a person, without consent, causes a harmful or offensive contact with another person by the purposeful, knowing, reckless or criminally negligent use of force.
Level of Crime for Simple Battery?
Simple battery is a misdemeanor.
Is Simple Battery a General or Specific Intent Crime?
- Simple battery is a specific intent crime when the harmful or offensive contact is caused purposefully.
- Is a general intent crime when the harmful or offensive contact is caused knowingly, recklessly, or in a criminally negligent manner
Harmful or Offensive Contact by Use of Force
When D put a force in motion and that, as a result of this force, the Vs person was harmfully or offensively touched.
Harmful or Offensive Contact: Direct Application or Direct Contact
The P does not need to show that the D directly applied force to the Vs person or that the force put into motion by D made direct contact with Vs person.
Aggravated Battery
When:
- D causes the V to suffer serious bodily injury or
- the D uses a deadly weapon to commit the battery
- the D batters a woman, child, or cop
Level of Offense for Aggravated Battery
Aggravated battery is a felony.
Defenses to Battery
Include:
- Consent
- Self-Defense
- Prevention of Crime
Battery Defenses: Consent
When the alleged V consented to the contact, and this consent was not obtained by means of coercion or fraud.
Battery Defenses: Self-Defense
When the D was acting in self-defense or in defense of a third person at the time the D caused contact with the alleged V (force must be proportional).
Battery Defenses: Preventing Crime
When the D was trying to prevent the commission of a crime when the D caused contact with the alleged V (force must be proportional).
Criminal Assault
Includes simple assault and aggravated assault.
Simple Assault
When D attempts to commit a battery or intentionally causes the V to fear an immediate battery (apprehension assault)
Level of Offense for Simple Assault
Simple assault is a misdemeanor
Attempting-to-Commit-Battery Assault
- Because “attempt” is a specific-intent crime, a D is guilty of criminal assault when they purposely tried to cause a harmful or offensive contact with Vs person.
- The fact that the V was not aware of the attempted battery or that the D was not presently able to commit the battery is no defense.
Apprehension Assault
When D acts with threatening conduct intended to cause the V to feel reasonable apprehension of imminent harm. The Vs apprehension must be objectionably reasonable.
Conditional Threats
Are generally insufficient unless accompanied by an overt act to accomplish the threat.
Reasonable Apprehension of Imminent Harm
When a reasonable person would expect imminent bodily harm (words alone are generally insufficient).
Reasonable Apprehension of Harm: Expectation v. Fear
Apprehension requires an expectation of imminent bodily harm rather than fear of imminent bodily harm.
Merger of Assault and Battery
If the feared battery is accomplished, the assault and battery merge and the D is guilty only of the battery.
Aggravated Assault
Is present when:
- the D commits an assault with a dangerous weapon or
- the D acts with the intent to seriously injure, rape, or murder the V
- the V is specially protected by statute
Level of Crime for Aggravated Assault
Aggravated assault is a felony.
Mayhem
When one maliciously uses physical force that causes the dismemberment of a Vs limbs or the permanent disabling or disfiguring of Vs limbs or face.
Malicious Use of Physical Force
Is proven when P shows that D acted with an unlawful intent to vex, annoy, or injure another person.
Level of Offense for Mayhem
Mayhem is a felony
Kidnapping
When a person intentionally abducts another by means of force or the threat of force.
Level of Offense for Kidnapping
Ordinary kidnapping is a felony.
Abduction
P must show that, without consent, lawful authority, or warrant, the D restrained Vs liberty so that V could be concealed or taken to another place.
Aggravated Kidnapping
When the kidnapping is committed to obtain a ransom or to further the commission of another felony.
False Imprisonment
When a person intentionally and unlawfully confines another.
Level of Offense for False Imprisonment
False imprisonment is a misdemeanor.
Confinement
D must intent to preclude any reasonable means of escape and the V must subj. believe that there is no reasonable means of escape.
False Imprisonment: Duty to Resist or Attempt Escape
There is no duty to resist or attempt escape where the D has the apparent ability to effectuate threats.
False Imprisonment: Awareness v. Search for Reasonable Means of Escape
Vs are not confined (therefore, are not falsely imprisoned) if they are aware of a reasonable means of escape but are not required to affirmatively search for potential escape routes.
False Imprisonment v. Kidnapping
Kidnapping is accomplished by abduction whereas false imprisonment requires only restraint.
- Important factors:
- Whether V was moved
- The required intent of the jurisdiction’s kidnapping statute
- Purpose of the confinement
- Aggravating factors (such as use of deadly weapon)
Rape
When a person has sexual intercourse with or commits sexual intrusion against another person without this other person’s consent.
Sexual Intercourse and Sexual Intrusions
P must show that there was a penetration, even to slightest degree, of nonconsenting person’s vagina or anus with a body part or object or show oral penetration with a sex organ.
Lack of Consent
P can prove lack of consent by showing that:
- V was unconscious or physically incapable of consenting due to the effects of drugs or intoxicating substances
- V verbally communicated lack of consent
- Lack of consent was implied by the Vs physical resistance to the sexual intercourse or intrusion.
Defenses to Rape
Include consent and reasonable mistake
Rape: Consent
If the D can prove that the alleged V actually consented, there is no rape.
Rape: Reasonable Mistake
Even if all of the elements are met, D can avoid criminal liability by showing they reasonably and honestly believed the alleged V had consented (obj. and subj. req.).
Statutory Rape
When a person is under the statutorily prescribed age of consent, an act of intercourse constitutes rape despite their apparent or actual consent.
Statutory Rape: Mistakes
A defendant’s mistake as to the age of consent is no defense to statutory rape.
Statutory Rape: Spouses
A person cannot be convicted of statutory rape of their spouse.
Merger of Statutory Rape and Forcible Rape
A D found guilty of both statutory and forcible rape will be sentenced for forcible rape because the less serious crime of statutory rape would merge.
Bigamy
The crime of marriage by one individual to more than one other person. Is a strict liability crime.
Incest
The crime of sexual relations between individuals who are closely related to one another. The degree of relationship required varies by state. Is a strict liability crime.
