Other Offenses Against the Person Flashcards
Battery
An unlawful application of force resulting in either bodily injury or an offensive touching.
It need not be intentional, and the force need not be applied directly
Aggravated Battery
In most jurisdictions; felony
Battery with a deadly weapon, battery resulting in serious bodily harm, and battery of a child, woman, or police officer
Aggravated Assault
An assault plus one of the following:
- The use of a deadly or dangerous weapon or
- With the intent to rape, maim, or murder
Assault
An assault is either:
- An attempt to commit a battery or
- The intentional creation—other than by mere woods—of a reasonable apprehension in the mind of the victim of imminent bodily harm
False Imprisonment
The unlawful confinement of a person without the person’s valid consent
The MPC requires that the confinement “interfere substantially” with the victim’s liberty
Kidnapping
Modern statutes define kidnapping as unlawful confinement of a person that involves either:
- some movement of the victim or
- concealment of the victim in a “secret” place
Aggravated Kidnapping
Kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing
Rape
Gender-neutral “sexual assault”. Slightest penetration is sufficient
Intercourse must be without effective consent, i.e., actual force, threats of great and imminent bodily harm, incapable of consent, or fraudulently caused to believe the act is not intercourse
Statutory Rape
Strict liability crime; unnecessary to show a lack of consent!