Other Offenses Against The Person

Question 1

What is Battery?

Answer 1

Application of force to the person of the victim

Question 2

What is the Mens Rea for Battery?

Answer 2

General Intent. Intent to apply force to victim presumed from act. Need only intend the act.

Question 3

For Battery, what result?

Answer 3

1) Bodily injury, or 2) Offensive contact

Question 4

What are the two types of Assault?

Answer 4

1) Attempted Battery 2) Apprehension of Receiving a Battery

Question 5

Within Assault, what is Attempted Battery?

Answer 5

A substantial step toward the completion of a battery with the intent to commit a battery

Question 6

What is the Mens Rea for Assault - Attempted Battery?

Answer 6

Specific Intent. Intent to commit the battery.

Question 7

Within Assault, will Attempted Battery merge with completed Battery?

Answer 7

Yes

Question 8

Within Assault, what is Apprehension of Receiving a Battery?

Answer 8

Intentionally causing reasonable apprehension of receiving an immediate battery

Question 9

What is the Mens Rea for Assault - Apprehension of Receiving a Battery?

Answer 9

Specific Intent. Intent to cause apprehension.

Question 10

Within Assault - Apprehension of Receiving a Battery, what constitutes “reasonable” apprehension?

Answer 10

“Reasonable” is judged by the Reasonable Person Test.

Question 11

Within Assault - Apprehension of Receiving a Battery, what constitutes “apprehension”?

Answer 11

Apprehension is expectation. Apprehension does not require fear. But if fear is felt, that is certainly apprehension,

Question 12

Within Assault - Apprehension of Receiving a Battery, is apparent ability to cause battery all that is required?

Answer 12

Yes

Question 13

Within Assault - Apprehension of Receiving a Battery, must the battery be immediate and not future?

Answer 13

Yes

Question 14

Within Assault - Apprehension of Receiving a Battery, is any pain or injury required?

Answer 14

No

Question 15

Within Assault - Apprehension of Receiving a Battery, will the apprehension type Assault merge into the completed battery?

Answer 15

No

Question 16

Within Assault, what two conditions constitute Aggravated Assault?

Answer 16

1) Assault with a deadly weapon 2) Assault with felonious intent

Question 17

What is Rape?

Answer 17

Sexual intercourse with a woman, by a man, not her husband, without consent

Question 18

What is the Men’s Rea for Rape?

Answer 18

General Intent. Intent to have non-consensual intercourse presumed from act. Need only intend the act.

Question 19

Within Rape, what conditions constitute Lack of Consent?

Answer 19

No consent if 1) Force used 2) Threats used 3) Incapacity

Question 20

Within Rape, is Fraud typically Rape?

Answer 20

No

Question 21

What defenses are available with regard to Rape?

Answer 21

Reasonable mistake as to consent

Question 22

What is Statutory Rape?

Answer 22

Sexual intercourse with a woman under the age of 18 (majority rule)

Question 23

What is the Mens Rea for Statutory Rape?

Answer 23

Strict Liability. No Mens Rea required. Actus Reus only.

Question 24

Within Statutory Rape, is consent relevant?

Answer 24

No

Question 25

What defenses are available with regard to Statutory Rape?

Answer 25

None - including reasonable mistake as to age. Not a valid defense.

Question 26

What is False Imprisonment?

Answer 26

Confinement of a person without consent

Question 27

What is the Mens Rea for False Imprisonment?

Answer 27

General Intent. Intent to confine presumed from act. Need only intend the act.

Question 28

Within False Imprisonment, what constitutes confinement?

Answer 28

Movement blocked in all directions

Question 29

Within False Imprisonment, how is “movement blocked in all directions” accomplished?

Answer 29

Barriers, force, threats of force

Question 30

Within False Imprisonment, what constitutes “without consent”?

Answer 30

1) Must have capacity to consent 2) without duress or fraud

Question 31

What is Kidnapping?

Answer 31

Secreting a person away

Question 32

What is the Mens Rea for Kidnapping?

Answer 32

General Intent. Intent to confine presumed from act. Need only intend the act.

Question 33

What constitutes aggravated kidnapping?

Answer 33

1) Kidnapping for ransom 2) Kidnapping for the commission of other crimes

Question 34

What is Mayhem?

Answer 34

Disablement or dismemberment of a bodily part, or disfigurement with malice

Question 35

What is the Mens Rea for Mayhem?

Answer 35

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

Question 36

Within Mayhem, what are the requirements for Extent of Injury?

Answer 36

1) Must be permanent 2) Reduction of injury by medical treatment will not be considered

Question 37

What are the Offenses Against Persons?

Answer 37

1) Battery 2) Assault (both types plus aggravated) 3) Rape 4) Statutory Rape 5) False Imprisonment 6) Kidnapping (including aggravated) 7) Mayhem

Question 38

What is the Mens Rea of each Offense Against Person?

Answer 38

General Intent - Battery, Rape, False Imprisonment, Kidnapping

Specific Intent - Assault (both types)

Strict Liability - Statutory Rape

Malice - Mayhem