Other Crimes Against the Person

Question 1

Assault

(Specific Intent)

Answer 1

Type #1 - An attempted battery

Type #2 - Intentional infliction of apprehension due to an act of the defendant

The def acts (words alone do not count!) with the specific intent to cause reasonable fear of imminent bodily harm to another and the victim feels apprehension of such imminent bodily harm.

Question 2

Battery

(General Intent)

Answer 2

The defendant unlawfully causes harmful or offensive contact to another.

Question 3

Rape

(General Intent)

Answer 3

1. Unlawful sexual intercourse
2. Without consent (view objectively)
3. Using force, threat of force, or when the victim is unconscious or incapable of consent.

Question 4

Statutory Rape

(Strict Liability)

Answer 4

1. Elements: Sexual intercourse with a minor
2. Mental state:
   (a) Majority rule: Strict Liability
   i. a reasonable mistake of fact (even if the minor lied about her age) is NOT a defense
   ii. encouragement by the minor is NOT a defense
   iii. the fact that the minor is a prostitute is not a defense
   (b) MPC/Minority Rule: A reasonable mistake of fact is a defense

MICHIGAN - has a gender neutral, complex statutory scheme that defines crimnial sexual conduct in the 1st, 2nd, 3rd, and 4th degree.

Question 5

Kidnapping

(General Intent Crimes)

Answer 5

1. Unlawful confinement or restraint of another (false imprisonment)
2. That involve either moving or concealing the victim

How far does one have to move the victim?

(i) in many states one is not required to move the victim a large distance
(ii) MPC: remove victim from her home or residence or a “substantial distance” from where the victim is found.

Question 6

Michigan Kidnapping

Answer 6

1. Defendant knowingly and without consent or authority restricts another’s movements or confines them with the intent to
   (a) hold them for ransom
   (b) use them as a shield or hostage
   (c) have criminal sexual contact with the person)
   (d) take them outside of MI
   (e) hold that person in involuntary servitude

There is NO TIME REQUIREMENT

Question 7

False Imprisonment

(General Intent)

Answer 7

1. The unlawful restraining or confinement of a person in a bounded area
2. by force or threat of force
3. Without his or her freely given consent