Other Offenses Against the Person

Question 1

What is battery? (3 points + minority rule)

Answer 1

Battery is an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.

A battery can, but need not be, intentional, and the force need not be applied directly (e.g., causing a dog to attack the victim).

Battery is a general intent crime.

(Minority rule) Some jurisdictions recognize consent as a defense to simple batter and/or certain specified batteries.

Question 2

What is aggravated battery? (3)

Answer 2

Punished as a felony. Battery + some aggravating circumstance

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

Question 3

What is assault? (2)

Answer 3

Assault is either:

(1) an attempt to commit a battery or
(2) the intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm.

If there has been an actual touching of the victim, the crime can only be battery, not assault.

Question 4

Aggravated assault is an assault plus one of the following: (2)

Answer 4

(1) the use of a deadly or dangerous weapon, or

(2) with the intent to rape, maim, or murder

Question 5

What is false imprisonment? (2 + MPC)

Answer 5

False imprisonment consists of the:

(1) unlawful confinement of a person
(2) without the person’s valid consent.

(MPC) The MPC requires that the confinement must “interfere substantially” with the victim’s liberty.

Question 6

What is kidnapping? (3)

Answer 6

Kidnapping is:

(1) the unlawful confinement of a person that involves either
(2) some movement of the victim, or
(3) concealment of the victim in a “secret” place.

Question 7

Aggravated kidnapping includes: (4)

Answer 7

(1) kidnapping for ransom
(2) kidnapping for the purpose of committing other crimes
(3) kidnapping for offensive purposes
(4) child stealing