Other offenses against the person Flashcards
Aggravated Battery
Following are usually ABs 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
Battery
1) Unlawful application of force
2) to another person
3) resulting in EITHER bodily injury OR offensive touchibg
Need not be intentional
Force need not be applied directly (sending your dog)
General intent crime
Assualt
Two different ways to define:
1) Attempt to commit a battery OR
2) the intentional creation (other than by mere words) of a reasonable apprehension of imminent bodily harm
If there has been actual touching, it is battery, NOT ASSUALT
Aggravated assualt
Assualt plus EITHER
1) use of a deadly or dangerous weapon OR
2) with the intent to rape, maim, or murder.
False Imprisonment
1) unlawful confinmenet of a person
2) without the persons VALID consent
MPC requires the confinment “interfere substantially” with the victims liberty.
If there are reasonable ALT ROUTES, not FI
Kidnapping
Modern statutes:
1) unlawful confinment of a person that involves EITHER
2) some movement of the victim
OR
concealment of hte victim in a secret place
Aggravated Kidnapping
Includes kidnapping for ransom, purpose of committing other crimes, offensive purposes, child stealing
Rape
1) Penetration (very slight is sufficient)
2) Lack of effective consent
Often renamed sexual assualt.
Martial relationship and rape
Traditional rule and MPC: Husband can’t rape wife
Majority: reject rule entirely
Lack of effective consent (rape)
Exists where:
1) Actual force
2) Threats of great and immediate bodily harm
3) victim incabable of consenting (unconsciousness, intoxication, mental condition)
4) Victim is fraduneltly caused to believe that the act is not intercourseS
Statutory Rape
Strict liability crime. Consent doesn’t matter. Mistakes as to age are irrelevant.
