Other Crimes Against Persons Flashcards
Elements of criminal battery
Unlawful; Application of force; To another person; That causes bodily harm OR constitutes offensive touching
Mens rea for battery
Intent to cause harmful contact or offensive touching, not intent to cause a harmful result. Can be satisfied if D acted recklessly or in a grossly negligent manner.
Elevate misdemeanor battery to aggravated battery
Causes serious bodily injury; Uses a deadly weapon; or Has intent to kill or intent to rape
Common defenses to battery
Valid consent; Self-defense or defense of others; or Necessity
Define assault
Unsuccessful attempt to commit battery; or Placing another in apprehension of immediate harm
Reasonable apprehension of imminent harm
When V reasonably anticipates that D�s act(s) will result in immediate bodily harm or offensive contact
Differentiate between battery and assault
Battery: bodily harm or offensive touching. Assault: attempted battery or act that places V in fear of immediate harm
Do verbal threats alone constitute assault?
No. Words must be in conjunction with an overt threatening act or gesture.
Elevate assault to aggravated felony assault
Committed with a dangerous weapon; Intent to rape or kill; or V is specially protected by statute
Define common law mayhem
Crime that disfigures or permanently disables V. Equivalent to modern aggravated battery.
Elements of false imprisonment
Unlawful; Confinement of V; Without V�s consent
Elements of kidnapping
Unlawful; Confinement of V; Against V�s will; and V is either moved or hidden
Movement element (asportation) of kidnapping
Very little. In some states, even moving V a few feet qualifies as asportation.
Kidnapping: general intent or specific intent crime?
General intent crime ? only need intent to commit the act.
Elements of common law rape
Unlawful; Sexual intercourse (requires penetration, however minimal); With a female; Without consent; and With force or threat of force
Reasonable and honest mistake as to whether V consented
No, the requisite mens rea is negated.
Define statutory rape
D has intercourse with a person below the statutorily prescribed age of consent.
Statutory rape: general intent, specific intent, or strict liability crime?
Strict liability crime. Even if D reasonably believed V was of age, or V lied about their age, D is still liable.
Define Dram Shop Rule
If a business sells alcoholic beverages to an obviously drunk person, they will be strictly liable for anyone injured by the drunken patron.
