Other (non-Homicide) Offenses Against a Person (Module 6)

Question 1

Battery

Answer 1

General Intent

Unlawful application of force resulting in injury or offensive touching; need not be intentional; can be applied indirectly (e.g., telling a dog to attack)

Will be aggravated battery if:
1) battery with a deadly weapon
2) battery resulting in serious bodily injury
3) battery of a woman, child, or police officer

Question 2

Assault

Answer 2

Specific Intent

Is either:
a) an attempt to commit battery (specific intent); or
b) the intentional creation (other than by mere words) of a rxble apprehension of imminent bodily harm/offensive contact in mind of the victim

Will be aggravated assault if:
a) use a deadly/dangerous weapon
b) with intent to rape harm or maim

Question 3

False Imprisonment

Answer 3

General Intent

Unlawful confinement (with no alternate reasonable route of escape) without other person’s consent
- MPC: requires “substantial interference” with person’s liberty

Question 4

Kidnapping

Answer 4

General Intent

Unlawful confinement involving either:
a) movement of the person, or
b) concealment of the victim in a “secret place”

Will be aggravated kidnapping if doing so for:
a) ransom
b) purpose of committing another crime
c) offensive purposes
d) child stealing

Question 5

Rape

Answer 5

General Intent

Traditionally was unlawful carnal knowledge of a woman without consent done by a man (not her husband); slightest penetration is sufficient
- modern trend is that husband can still be guilty of rape

Lack of Effective Consent for Rape when:
1) accomplished by force
2) by threat of great/imminent bodily harm
3) victim is intoxicated, unconscious, or has mental condition making consent impossible
4) victim fraudulently cuased to beleive the act isn’t intercourse

Today it is trend to make it gender-neutral

Question 6

Statutory Rape

Answer 6

Strict Liability

Sex with a minor; mistake of age is not a defense pretty much ever since it’s a SL crime