Other Crimes Against Persons

Question 1

Elements of criminal battery

Answer 1

1. Unlawful;
2. Application of force;
3. To another person;
4. That causes bodily harm OR constitutes offensive touching

Question 2

What is the mens rea for battery?

Answer 2

Since battery is a general intent crime, the mens rea is intent to cause harmful contact or offensive touching, not intent to cause a harmful result.

⚠️ Note: In most states and under the MPC, the mens rea can be satisfied if D acted recklessly or in a grossly negligent manner.

Question 3

What circumstances elevate a misdemeanor battery to an aggravated battery?

Answer 3

If D:

• Causes serious bodily injury;
• Uses a deadly weapon; or
• Has intent to kill or intent to rape

Question 4

What are the common defenses to battery?

Answer 4

1. Valid consent;
2. Self-defense or defense of others; or
3. Necessity (battery was necessary to prevent a crime)

Question 5

Define

assault

Answer 5

1. Unsuccessful attempt to commit battery (“attempted-battery assault”); or
2. Placing another in apprehension of immediate harm (“apprehension assault”)

Question 6

When does V have reasonable apprehension of imminent harm?

Answer 6

When V reasonably anticipates that D’s act(s) will result in immediate bodily harm or offensive contact (subjective standard)

Question 7

Differentiate between battery and assault

Answer 7

Battery: bodily harm or offensive touching

Assault: attempted battery or act that places V in fear of immediate harm (no touching required)

Question 8

Do verbal threats alone constitute assault?

Answer 8

No. Words must be in conjunction with an overt threatening act or gesture to constitute assault.

Question 9

​What circumstances elevate assault to aggravated felony assault?

Answer 9

If assault is committed with:

• A dangerous weapon;
• Intent to rape or kill; or
• V is specially protected by statute

Question 10

Define

common law mayhem

Answer 10

Crime that disfigures or permanently disables V.

⚠️ Equivalent to modern aggravated battery

Question 11

Elements of false imprisonment

Answer 11

1. Unlawful;
2. Confinement of V;
3. Without V’s consent

Question 12

Elements of kidnapping

Answer 12

1. Unlawful;
2. Confinement of V;
3. Against V’s will; and
4. V is either moved or hidden

Question 13

How far does D need to move V to satisfy the movement element (asportation) of kidnapping?

Answer 13

Very little. In some states, even moving V a few feet qualifies as asportation.

Question 14

Is kidnapping a general intent crime or specific intent crime?

Answer 14

General intent crime → only need intent to commit the act.

Question 15

Elements of common law rape

Answer 15

1. Unlawful;
2. Sexual intercourse (requires penetration, however minimal);
3. With a female;
4. Without consent; and
5. With force or threat of force

⚠️ Note: Most modern statutes have abandoned the gender requirement and some have abandoned the force requirement.

Question 16

If D makes a reasonable and honest mistake as to whether V consented, does D have the mens rea for rape?

Answer 16

No, the requisite mens rea is negated.

Question 17

Define

statutory rape

Answer 17

D has intercourse with a person below the statutorily prescribed age of consent.

Question 18

Is statutory rape a general intent, specific intent, or strict liability crime?

Answer 18

Strict liability crime. Even if D reasonably believed V was of age, or V lied about their age, D is still liable.

The prosecution only needs to prove D intended to do the act itself.

⚠️ You can still be charged with attempt for statutory rape.

Question 19

Define

Dram Shop Rule

Answer 19

If a business sells alcoholic beverages to an obviously drunk person, they will be strictly liable for anyone injured by the drunken patron