Others Offenses Against the Person Flashcards
Battery elements
- unlawful force against a person
- that results in bodily injury or offensive touching
-General intent crime
-Does not need to be intentional
-Force does not need to be applied directly (i.e. causing a dog attack)
Aggravated battery (felony)
Battery elements plus:
-Deadly weapon
-Resulting in serious bodily harm; or
-Child, woman, or police officer
Assault
Two types of assault:
(1) Attempt to commit battery (need specific intent to commit battery); or
(2) the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
*If there is an actual touching of the victim, is it battery, not assault
Aggravated assault (felony)
Assault elements plus:
(1) the use of a dangerous weapon; or
(2) with the intent to rape, maim, or murder
False imprisonment
The unlawful confinement of a person:
(1) without the person’s valid consent; and
(2) the confinement substantially interferes with the victim’s liberty
It is not confinement if the person has a reasonable alternative route
Kidnapping
An unlawful confinement of a person that involves either:
(1) some movement of the victim; or
(2) concealment of the victim in a secret place
Aggravated kidnapping (felony)
Includes kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing (children cannot give capable consent)
Rape
The slightest penetration is sufficient to constitute rape