OTHER OFFENSES AGAINST THE PERSON Flashcards
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 (for example, causing a dog to attack the victim is a battery).
Battery is a general intent crime.
Assault is either:
(1) An attempt to commit a battery or
(2) The intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm.
False Imprisonment
False imprisonment consists of the unlawful confinement of a person without the person’s valid consent. It is not confinement to simply prevent a person from going where they desire to go, as long as alternative routes are available to them.
The M.P.C. requires that the confinement must “interfere substantially” with the victim’s liberty. Note also that consent is invalidated by coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth.