Other Crimes Against the Person

Question 1

Battery

What are elements of battery?

Answer 1

Unlawful application of force to the person of another resulting in bodily injury/offensive touching

Battery does NOT need to be intentional (general intent crime)

If there’s no touching, it’s assault, not battery.

Consent is defense in some jx to simple battery

Question 2

Battery

When does battery arise to aggravated battery?

Aggravated battery = FELONY

Answer 2

(1) Battery with deadly weapon
(2) Battery resulting in serious bodily harm
(3) Battery of child, woman, or police officer

Question 3

Assault

What is assault?

Answer 3

(1) Attempt to commit battery [attempted battery assault] OR
(2) Intentional creation (not just words) of a reasonable apprehension of imminent bodily harm (in mind of victim)

(1) Only attempted battery assault is SPECIFIC INTENT crime (must have intent to commit battery)

Question 4

Assault

When does assault rise to level of aggravated assault?

Answer 4

(1) use of deadly or dangerous weapon
(2) assault with intent to rape, maim, or murder

Question 5

False Imprisonment

What is false imprisonment?

Answer 5

(a) Unlawful confinement of person (2) without person’s valid consent
* MPC: Confinement “substantially interferes” with V’s liberty
* Not false imprisonment if there are reasonable alternative routes availble

Consent invalidated by coercion, threats, deception, or incapacity (from mental illness, substantial cognitive impairment, or youth)

Question 6

Kidnapping

What is kidnapping?

Answer 6

Unlawful confinement of person involving:
(a) movement of the victim OR
(b) concealment of victim in a secret place

Aggravated kidnapping: for ransom, to committ other crimes, for offensive purposes, stealing child

Question 7

Rape

Rape

Answer 7

Sexual assault - slightest penetration is sufficient to constitute rape

Must show lack of effective consent

Traditional rule/MPC: Husband couldn’t “rape” wife (rejected by most states today)

Question 8

Rape

What constitutes lack of effective consent?

Answer 8

(a) Actual force
(2) Threats of great and immediate bodily harm
(3) Incapable of consenting (unconscious, intoxicated, mental condition)
(4) Fraudulently led to believed act is not intercourse

Question 9

Rape

Statutory Rape

Answer 9

Carnal knowledge of person under age of consent (STRICT LIABILITY crime)

No need to show lack of consent

Reasonable mistake as to victim’s age is NOT a defense.