Other Crimes Against Persons

Question 1

Criminal Battery

Answer 1

Includes simple battery and aggravated battery

Question 2

Simple Battery

Answer 2

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.

Question 3

Level of Crime for Simple Battery?

Answer 3

Simple battery is a misdemeanor.

Question 4

Is Simple Battery a General or Specific Intent Crime?

Answer 4

• 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

Question 5

Harmful or Offensive Contact by Use of Force

Answer 5

When D put a force in motion and that, as a result of this force, the Vs person was harmfully or offensively touched.

Question 6

Harmful or Offensive Contact: Direct Application or Direct Contact

Answer 6

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.

Question 7

Aggravated Battery

Answer 7

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

Question 8

Level of Offense for Aggravated Battery

Answer 8

Aggravated battery is a felony.

Question 9

Defenses to Battery

Answer 9

Include:

• Consent
• Self-Defense
• Prevention of Crime

Question 10

Battery Defenses: Consent

Answer 10

When the alleged V consented to the contact, and this consent was not obtained by means of coercion or fraud.

Question 11

Battery Defenses: Self-Defense

Answer 11

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).

Question 12

Battery Defenses: Preventing Crime

Answer 12

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).

Question 13

Criminal Assault

Answer 13

Includes simple assault and aggravated assault.

Question 14

Simple Assault

Answer 14

When D attempts to commit a battery or intentionally causes the V to fear an immediate battery (apprehension assault)

Question 15

Level of Offense for Simple Assault

Answer 15

Simple assault is a misdemeanor

Question 16

Attempting-to-Commit-Battery Assault

Answer 16

• 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.

Question 17

Apprehension Assault

Answer 17

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.

Question 18

Conditional Threats

Answer 18

Are generally insufficient unless accompanied by an overt act to accomplish the threat.

Question 19

Reasonable Apprehension of Imminent Harm

Answer 19

When a reasonable person would expect imminent bodily harm (words alone are generally insufficient).

Question 20

Reasonable Apprehension of Harm: Expectation v. Fear

Answer 20

Apprehension requires an expectation of imminent bodily harm rather than fear of imminent bodily harm.

Question 21

Merger of Assault and Battery

Answer 21

If the feared battery is accomplished, the assault and battery merge and the D is guilty only of the battery.

Question 22

Aggravated Assault

Answer 22

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

Question 23

Level of Crime for Aggravated Assault

Answer 23

Aggravated assault is a felony.

Question 24

Mayhem

Answer 24

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.

Question 25

Malicious Use of Physical Force

Answer 25

Is proven when P shows that D acted with an unlawful intent to vex, annoy, or injure another person.

Question 26

Level of Offense for Mayhem

Answer 26

Mayhem is a felony

Question 27

Kidnapping

Answer 27

When a person intentionally abducts another by means of force or the threat of force.

Question 28

Level of Offense for Kidnapping

Answer 28

Ordinary kidnapping is a felony.

Question 29

Abduction

Answer 29

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.

Question 30

Aggravated Kidnapping

Answer 30

When the kidnapping is committed to obtain a ransom or to further the commission of another felony.

Question 31

False Imprisonment

Answer 31

When a person intentionally and unlawfully confines another.

Question 32

Level of Offense for False Imprisonment

Answer 32

False imprisonment is a misdemeanor.

Question 33

Confinement

Answer 33

D must intent to preclude any reasonable means of escape and the V must subj. believe that there is no reasonable means of escape.

Question 34

False Imprisonment: Duty to Resist or Attempt Escape

Answer 34

There is no duty to resist or attempt escape where the D has the apparent ability to effectuate threats.

Question 35

False Imprisonment: Awareness v. Search for Reasonable Means of Escape

Answer 35

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.

Question 36

False Imprisonment v. Kidnapping

Answer 36

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)

Question 37

Rape

Answer 37

When a person has sexual intercourse with or commits sexual intrusion against another person without this other person’s consent.

Question 38

Sexual Intercourse and Sexual Intrusions

Answer 38

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.

Question 39

Lack of Consent

Answer 39

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.

Question 40

Defenses to Rape

Answer 40

Include consent and reasonable mistake

Question 41

Rape: Consent

Answer 41

If the D can prove that the alleged V actually consented, there is no rape.

Question 42

Rape: Reasonable Mistake

Answer 42

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.).

Question 43

Statutory Rape

Answer 43

When a person is under the statutorily prescribed age of consent, an act of intercourse constitutes rape despite their apparent or actual consent.

Question 44

Statutory Rape: Mistakes

Answer 44

A defendant’s mistake as to the age of consent is no defense to statutory rape.

Question 45

Statutory Rape: Spouses

Answer 45

A person cannot be convicted of statutory rape of their spouse.

Question 46

Merger of Statutory Rape and Forcible Rape

Answer 46

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.

Question 47

Bigamy

Answer 47

The crime of marriage by one individual to more than one other person. Is a strict liability crime.

Question 48

Incest

Answer 48

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.