Page 23 Flashcards
Are conditional threats enough for assault?
No, because menacing conduct plus words is usually necessary
Are words alone enough for assault?
No, because menacing conduct plus words is usually necessary
Is there such a thing as attempted assault?
No, because assault is already an attempted battery
Does harm have to be caused for assault?
No
What are the two requirements of MPC assault (just the attempted battery component)?
Must come very near committing a battery, and the assaulter must have the present ability to commit the battery
Is present ability to commit an assault for the intentional scaring component necessary?
No
In order to commit an assault through intentional frightening there must be an intention to what and what must happen?
To cause fear and actual fear must result
What are the elements of intentional scaring for assault?
- intent to cause reasonable apprehension
- apprehension results
- conduct that arouses apprehension
For the intent element for intentional frightening for assault, there must be intent to cause reasonable apprehension or what?
For the victim to suffer bodily harm
What standard is used to determine whether apprehension was appropriate in an intentional frightening for assault?
Reasonable person standard
What does apprehension mean for assault?
Expectation or anticipation, not fear
Must the victim be aware of the threat of harm for an intentional frightening for assault?
Yes because there must have been apprehension
The threat of harm for assault must be what?
Immediate
Is it necessary to have actual pain or injury for an intentional frightening for assault?
No, any threatened conduct that is offensive or insulting is fine
What is a conditional assault?
Conditioning a threat on an act of the victim
What is example of a conditional assault?
Saying you will shoot someone if they don’t do something
If a victim complies with a conditional assault, can that be a defense because they avoided injury?
No
What is aggravated assault?
Felonies like intent to commit rape, or deadly assault murder, where you must intend to do the further horrible thing. Ie: intent to kill, rob, rape, etc.
If an assault is happening on a specific type of person, like a cop, then the D must know what?
That the victim falls into that category
Does aggravated assault merge?
Yes, so if the defendant completes the crime, he is just guilty of it
What is false imprisonment?
Intentional, unlawful confinement of one person by another
What type of intent crime is false imprisonment?
Specific intent
What are the elements of false imprisonment?
- Intentional unlawful
- confinement
When would someone have a privilege to confine another?
Police officer, or committing a citizen’s arrest
What does confinement mean for false imprisonment?
Victim must be:
- fully confined by erected barriers
- applying force/threatening to apply immediate physical force, or
- invalidly asserting authority
Must a victim try to resist or escape if the defendant has the apparent ability to effectuate a threat of confinement for false imprisonment?
No
If a victim knows of reasonable means of escape is he confined?
No
Does a victim have to search for potential escape routes if he is confined?
No
What is kidnapping?
False imprisonment plus movement of the victim
What is required for movement of the victim for kidnapping?
Usually a substantial movement of the victim’s person
What kind of intent crime is kidnapping?
Specific intent
What is the rule for asportation for kidnapping?
It must be substantially greater than that which would normally occur as an incident to the underlying crime
What is the minority approach to kidnapping?
False imprisonment plus asportation plus the defendant’s purpose must be a wrong (like ransom or a felony)
How can kidnapping happen by fraud?
When you induce someone to get into your car for a legitimate purpose, then take them somewhere else
If you take someone from one place to another thinking the law has authorized it, are you guilty?
No because kidnapping requires an intent to act without authority of law
What is perjury?
The crime of giving false testimony under oath about material facts
Perjury requires proof of what?
That defendant stated material facts to be true, knowing they were false or believing that or false, or without knowledge of the truth
What is subornation?
Knowingly causing perjury by another person
What is a theft crime?
Those that involve a wrongful taking of property from the victim by the defendant
