Other Crimes Against the Person

Question 1

Assault

Answer 1

Types: (1) attempted battery and (2) intentional infliction of apprehension due to an act of the defendant.

Elements:
(1) Defendant acts (words alone do not count!)
(2) with the specific intent to cause reasonable fear of imminent bodily harm to another and
(3) the victim feels apprehension of such imminent bodily harm.

Question 2

Battery

Answer 2

(1) Defendant acts
(2) with intent to cause harmful or offensive contact to another
and
(3) harm results.

Question 3

Rape

Answer 3

(1) Unlawful sexual intercourse
(2) without consent (viewed objectively—not subjectively)
(3) using force, threat of force, or when the victim is unconscious or incapable of
consent.

Question 4

Statutory rape (strict liability)

Answer 4

Elements: sexual intercourse with a minor.

Mental state:
(1) Majority rule: strict liability
(a) a reasonable mistake of fact (even if the minor lied about her age) is not a defense.
(b) encouragement by the minor is not a defense.
(c) the fact that the minor is a prostitute is not a defense.

(2) MPC/minority rule: a reasonable mistake of fact is a defense.

Question 5

Kidnapping

Answer 5

Common law:
(1) unlawful confinement or restraint of another (false imprisonment)
(2) that involves either moving or concealing the victim.

MPC: defendant is required to either remove the victim from her home or residence or a “substantial distance.”

Question 6

False imprisonment (general intent)

Answer 6

(1) The unlawful restraining or confinement of a person in a bounded area
(2) by force or threat of force,
(3) and the victim knows of the confinement or is hurt by it.