Other offenses against ppl

Question 1

What is battery?

Answer 1

Batter is the unlawful application of force to another resulting in either (a) bodily injury or (b) offensive touching.

• does not need to be intentional - general intent crime (intent to do act not result?)
• force not need be direct (e.g., throw something, hits something else that falls on person)

Question 2

What is aggravated battery?

Answer 2

Aggravated battery can include (and is treated as felony):

• battery with deadly weapon
• battery that results in serious bodily harm
• battery to woman, child, cop

Question 3

What is assault?

Answer 3

Assault is either (a) attempt to commit battery (note: requires specific intent to actually cause harm), or (b) intentional creation, other than mere words, of a reasonably apprehension of imminent bodily harm in the mind of the victim (note: does NOT intend to actually cause harm)

Note: if person is touched, then it’s battery not assault

Question 4

What is aggravated assault?

Answer 4

Assault + either (a) use of a deadly or dangerous weapon or (b) with the intent to rape, maim, or murder

Question 5

What is false imprisonment?

Answer 5

False imprisonment = unlawful confinement of a person without the person’s valid consent.

unlawful = not authorized
confinement = interferes substantially with person’s liberty, unable to leave, no alternative routes available
valid consent = will be invalid if coerced, threatened, deception, incapacitate via mental illness/youth/etc.

Question 6

What is kidnapping? What is aggravated kidnapping?

Answer 6

Kidnapping = unlawful confinement of a person that involves either (a) some movement of the victim or (b) concealment of the victim in a secret place.

Aggravated kidnapping =

• for ransom
• for purpose of committing another crime
• for offensive purposes
• child stealing

Note: children cannot consent

Question 7

What is rape?

Answer 7

Nonconsensual penetration. Lack of consent exists when:

• actual force
• threats of great & immediate bodily harm
• incapable of consenting (unconscious, intoxicated, mental condition)
• fraudulently cause to believe that the act is not intercourse

Note: other fraud doesn’t invalidate consent, e.g. they will get married

Question 8

What is statutory rape? What are defenses?

Answer 8

Statutory rape is sex with someone under the age of consent. It’s a strict liability crime, so generally mistake as to age is not a defense but can be if its a reasonable, actual mistake.