Other Offenses Against the Person

Question 1

Battery

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 be, but need not be, intentional, and the force need not be applied directly (causing a dog to attack is battery)

Battery is a general intent crime

Question 2

GA Battery

Answer 2

Simple Battery – In Ga, Simple Battery consists of either (1) intentionally making physical contact of an insulting or provoking nature with the person of another OR (2) intentionally causing physical harm to another

Battery – In GA, Batter is committed by intentionally causing substantial physical harm or visible bodily harm

Question 3

Aggravated Battery

Answer 3

most jurisdictions treat the following as aggravated batteries and punish them as felonies

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

Question 4

GA Aggravated Battery

Answer 4

In GA, a person is guilty of aggravated battery when the person maliciously causes bodily harm to another by depriving the other of a member of their body, rendering a member of their body useless, or seriously disfiguring their body.

Question 5

Assault

Answer 5

Assault is either:

1) an attempt to commit a battery (swing and miss); or

2) the intentional creation - other than by mere words - of a reasonable apprehension in the mind of the victim of imminent bodily harm (fake punch)

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

NOTE – Both types of assault are specific intent crimes

Question 6

GA Assault

Answer 6

In GA, a person commits Simple Assault when the person either

1) attempt to commit a violent injury to the person of another; or

2) commits an act that places another in reasonable apprehension of immediately receiving a violent injury

Question 7

Aggravated Assault

Answer 7

Aggravated assault is an assault plus either (1) the use of a deadly or dangerous weapon or (2) with the intent to rape, maim, or murder

Question 8

GA Aggravated Assault

Answer 8

In GA, a person commits aggravated assault when the person assaults another

1) with the intent to murder, rape, or rob;
2) with a deadly weapon;
3) with any object, device, or instrument that is likely or actually does result in strangulation; or
4) by discharging a firearm from within a motor vehicle

Question 9

GA Reckless Conduct

Answer 9

In GA, Reckless Conduct is an act of criminal negligence that causes bodily harm or endangers another’s bodily safety.

This differs from assault or battery in that it is not an intentional crime

Question 10

False Imprisonment

Answer 10

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

MPC – requires that the confinement interfere substantially with the victim’s liberty

This is a general intent crime

Consent is invalidated by coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth

Question 11

Kidnapping

Answer 11

Modern statutes often define kidnapping as unlawful confinement of a person that involves either (1) some movement of the victim or (2) concealment of the victim in a secret place

This is a general intent crime

Question 12

Aggravated Kidnapping

Answer 12

Aggravated kidnapping includes kidnapping for ransom, for the purpose of committing other crimes, for offensive purposes, and child stealing

Question 13

GA Kidnapping

Answer 13

In Ga, kidnapping consists of abducting or stealing away any person without lawful authority and holding such person against their will.

Any slight movements of the victim is sufficient.

Question 14

Rape

Answer 14

Rape is sexual intercourse without the victim’s consent accomplished by force, by threat or force, or when the victim is unconscious

The slightest penetration is sufficient

Also called Sexual Assault

Question 15

Absence of Marital Relationship

Answer 15

Under the traditional rule and MPC, a husband cannot rape his wife, but most states have either rejected this rule or reject it where the parties are estranged or separated

Question 16

Lack of Effective Consent

Answer 16

To be rape, the intercourse must be accomplished without effective consent

Lack of effective consent exists where:
1) intercourse is accomplished by actual force;
2) intercourse is accomplished by threats of great and immediate bodily harm
3) the victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; or
4) the victim is fraudulently caused to believe that the act is not intercourse

Question 17

Statutory Rape

Answer 17

Statutory rape is sexual intercourse with a person under the age of consent

It is a strict liability crime - not necessary to show lack of consent

Question 18

GA Statutory Rape

Answer 18

In GA, statutory rape is sexual intercourse with a person who is under the age of 16 and not the perpetrator’s spouse.

The commission of the crime must be corroborated by evidence other than the unsupported testimony of the victim.

Question 19

Mistake as to Age (Statutory Rape)

Answer 19

A defendant’s reasonable mistake of the victim’s age will not prevent liability for statutory rape because it is a strict liability crime (Majority Rule)

however, a minority of states do recognize a defense where the defendant reasonably believed the victim was old enough to give an effective consent.