Other Offenses Against The Person Flashcards
What is Battery?
Application of force to the person of the victim
What is the Mens Rea for Battery?
General Intent. Intent to apply force to victim presumed from act. Need only intend the act.
For Battery, what result?
1) Bodily injury, or 2) Offensive contact
What are the two types of Assault?
1) Attempted Battery 2) Apprehension of Receiving a Battery
Within Assault, what is Attempted Battery?
A substantial step toward the completion of a battery with the intent to commit a battery
What is the Mens Rea for Assault - Attempted Battery?
Specific Intent. Intent to commit the battery.
Within Assault, will Attempted Battery merge with completed Battery?
Yes
Within Assault, what is Apprehension of Receiving a Battery?
Intentionally causing reasonable apprehension of receiving an immediate battery
What is the Mens Rea for Assault - Apprehension of Receiving a Battery?
Specific Intent. Intent to cause apprehension.
Within Assault - Apprehension of Receiving a Battery, what constitutes “reasonable” apprehension?
“Reasonable” is judged by the Reasonable Person Test.
Within Assault - Apprehension of Receiving a Battery, what constitutes “apprehension”?
Apprehension is expectation. Apprehension does not require fear. But if fear is felt, that is certainly apprehension,
Within Assault - Apprehension of Receiving a Battery, is apparent ability to cause battery all that is required?
Yes
Within Assault - Apprehension of Receiving a Battery, must the battery be immediate and not future?
Yes
Within Assault - Apprehension of Receiving a Battery, is any pain or injury required?
No
Within Assault - Apprehension of Receiving a Battery, will the apprehension type Assault merge into the completed battery?
No
Within Assault, what two conditions constitute Aggravated Assault?
1) Assault with a deadly weapon 2) Assault with felonious intent
What is Rape?
Sexual intercourse with a woman, by a man, not her husband, without consent
What is the Men’s Rea for Rape?
General Intent. Intent to have non-consensual intercourse presumed from act. Need only intend the act.
Within Rape, what conditions constitute Lack of Consent?
No consent if 1) Force used 2) Threats used 3) Incapacity
Within Rape, is Fraud typically Rape?
No
What defenses are available with regard to Rape?
Reasonable mistake as to consent
What is Statutory Rape?
Sexual intercourse with a woman under the age of 18 (majority rule)
What is the Mens Rea for Statutory Rape?
Strict Liability. No Mens Rea required. Actus Reus only.
Within Statutory Rape, is consent relevant?
No
What defenses are available with regard to Statutory Rape?
None - including reasonable mistake as to age. Not a valid defense.
What is False Imprisonment?
Confinement of a person without consent
What is the Mens Rea for False Imprisonment?
General Intent. Intent to confine presumed from act. Need only intend the act.
Within False Imprisonment, what constitutes confinement?
Movement blocked in all directions
Within False Imprisonment, how is “movement blocked in all directions” accomplished?
Barriers, force, threats of force
Within False Imprisonment, what constitutes “without consent”?
1) Must have capacity to consent 2) without duress or fraud
What is Kidnapping?
Secreting a person away
What is the Mens Rea for Kidnapping?
General Intent. Intent to confine presumed from act. Need only intend the act.
What constitutes aggravated kidnapping?
1) Kidnapping for ransom 2) Kidnapping for the commission of other crimes
What is Mayhem?
Disablement or dismemberment of a bodily part, or disfigurement with malice
What is the Mens Rea for Mayhem?
Malice. Either 1) the defendant intended to disable, dismember or disfigure, or 2) the disablement, dismemberment or disfigurement occurred because of the defendant’s reckless disregard for an obvious risk
Within Mayhem, what are the requirements for Extent of Injury?
1) Must be permanent 2) Reduction of injury by medical treatment will not be considered
What are the Offenses Against Persons?
1) Battery 2) Assault (both types plus aggravated) 3) Rape 4) Statutory Rape 5) False Imprisonment 6) Kidnapping (including aggravated) 7) Mayhem
What is the Mens Rea of each Offense Against Person?
General Intent - Battery, Rape, False Imprisonment, Kidnapping
Specific Intent - Assault (both types)
Strict Liability - Statutory Rape
Malice - Mayhem
