Other Offenses Against the Person

Question 1

Battery Elements

Answer 1

1) The unlawful
2) Application of force to another
3) Resulting in either bodily injury or offensive touching.

Question 2

Battery Mental State

Answer 2

General Intent

Question 3

Assault Elements

Answer 3

• Attempted Battery
  
  • Example: swing and a miss

Or

• The intentional creation
• other than by mere words
• of a reasonable apprehension in the mind of the victim
• of imminent bodily harm
  
  • example: fake punch

Question 4

Mental state for assault

Answer 4

Specific Intent for both versions

Question 5

Aggravated Assault and Battery

Answer 5

Many States Provide that an assault and/or battery will be more serious if:

• A weapon was used
• The victim is a child, elderly, handicapped, or otherwise vulnerable; or
• The intent is to commit a robbery or rape.

Question 6

Rape Elements

Answer 6

• Sexual Intercourse
• by a male
• with a woman not his spouse
• without the woman’s effective consent
• and by force

Question 7

Rape by Fraud

Answer 7

Fraud will render woman’s consent ineffective only if the fraud goes to the nature of the act.

Question 8

Statutory Rape

Answer 8

Sex with someone under the age of consent

Question 9

Mental State for Statutory Rape

Answer 9

1. Majority: Strict Liability
2. Minority: A reasonable mistake of age can be a defense.

Question 10

Statutory Rape in VA

Answer 10

• Sexual intercourse with a child under the age of 13 punishable as rape.
• Class 4 felony (Carnal Knowledge) to have carnal knowledge of a child 13 or older, but younger than 15
• Further limitations if accused is a minor and victim consents.

Question 11

False Imprisonment Elements

Answer 11

• The unlawful
• confinement of a person
• without person’s consent

Question 12

Mental state needed for false imprisonment

Answer 12

General Intent

Question 13

Elements of Kidnapping

Answer 13

Either:

1. confining or restraining a person; or
2. moving (asporting) a person; and
3. without authority of law.

Question 14

Aggravated Kidnapping

Answer 14

Many states have created a more serious statutory offense, which usually requires one of the following aggravating factors:

• the purpose is to collect ransom;
• the purpose is to commit a robbery or rape; or
• the victim is a child.

Question 15

Kidnapping when the confinement and movement of the victim is merely incidental to another crime (e.g. robbery)

Answer 15

If the victim is confined or moved during the crime, kidnapping does not also occur unless:

• the confinement or movement is not merely incidental to the other crime because it:
  
  • increases the risk to the victim; or
  • makes successful completion of the crime more likely.

Question 16

VA Kidnapping (abduction) Elements

Answer 16

A person is guilty of kidnapping (abduction) if he:

1. By force, intimidation, or deception
2. Without legal justification or excuse
3. Seizes, physically detains, takes, transports, or secretes
4. Another person
5. With intent to:
   
   1. deprive such person of personal liberty,
   2. or to withhold/conceal him from another entity lawfully entitled to his charge.

Question 17

VA Kidnapping (abduction) Asportation Rule

Answer 17

Asportation of the victim from one place to another is not required if all other elements are present.

Question 18

Possession Offenses

Answer 18

• Crimes consisting of “possession” do not necessarily involve either an “act” or an “omission.”
• Possession by actual physical control must involve more than “momentary” control.

Question 19

Constructive Possession Elements

Answer 19

• the ability to exercise actual physical control;
• with awareness of that ability;
• for a period sufficient to enable the person to terminate the possession.

Question 20

If someone takes drugs from a friend and hides them from the cops, is the person guilty of possession?

Answer 20

No, because control was only momentary.