Other Offenses Against the Person

Question 1

Battery - Definition

Answer 1

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

Question 2

Battery - Additional Notes

Answer 2

• can be, but need not be, intentional
• force need not be directly applied (ex: causing dog to attack victim)
• general intent crime
• some jurs recognize consent as defense to simple battery and/or certain specified batteries

Question 3

Aggravated Battery

Answer 3

Most jurs treat the following as aggravated batteries + punish 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

Assault - Definition

Answer 4

Either:
1) an attempt to commit a battery (specific intent crime) OR
2). the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 5

Battery vs. Assault

Answer 5

• if there hasn’t been an actual touching of the victim, the crime can only be battery, not assault

Question 6

Aggravated Assault

Answer 6

Assault plus one of the following:
1) use of a deadly or dangerous weapon, OR
2) with the intent to rape, maim or murder

Question 7

False Imprisonment

Answer 7

• unlawful confinement of a person without that person’s valid consent
• MPC requires that confinement must “interfere substantially with the victim’s liberty” (not confinement to prevent someone from going where they want to go if there are alternative routes available to them)

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

Question 8

Kidnapping

Answer 8

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

Question 9

Aggravated Kidnapping

Answer 9

Includes:
- kidnapping for ransom
- kidnapping for the purpose of committing other crimes
- kidnapping for offensive purposes
- child stealing (child’s consent not important b/c children can’t give valid consent)

Question 10

Rape

Answer 10

• traditionally, unlawful carnal knowledge of a woman by a man, not her husband, w/o her effective consent
• today, a number of states have renamed it sexual assault, for which the slightest penetration is sufficient, + most have rejected the old rule that failed to recognize marital rape

Question 11

Statutory Rape

Answer 11

• carnal knowledge of a person under the age of consent
• strict liability crime -> not necessary to show lack of consent
• mistake as to age unlikely to prevent liability