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Question 0

Are conditional threats enough for assault?

Answer 0

No, because menacing conduct plus words is usually necessary

Question 1

Are words alone enough for assault?

Answer 1

No, because menacing conduct plus words is usually necessary

Question 2

Is there such a thing as attempted assault?

Answer 2

No, because assault is already an attempted battery

Question 3

Does harm have to be caused for assault?

Answer 3

No

Question 4

What are the two requirements of MPC assault (just the attempted battery component)?

Answer 4

Must come very near committing a battery, and the assaulter must have the present ability to commit the battery

Question 5

Is present ability to commit an assault for the intentional scaring component necessary?

Answer 5

No

Question 6

In order to commit an assault through intentional frightening there must be an intention to what and what must happen?

Answer 6

To cause fear and actual fear must result

Question 7

What are the elements of intentional scaring for assault?

Answer 7

• intent to cause reasonable apprehension
• apprehension results
• conduct that arouses apprehension

Question 8

For the intent element for intentional frightening for assault, there must be intent to cause reasonable apprehension or what?

Answer 8

For the victim to suffer bodily harm

Question 9

What standard is used to determine whether apprehension was appropriate in an intentional frightening for assault?

Answer 9

Reasonable person standard

Question 10

What does apprehension mean for assault?

Answer 10

Expectation or anticipation, not fear

Question 11

Must the victim be aware of the threat of harm for an intentional frightening for assault?

Answer 11

Yes because there must have been apprehension

Question 12

The threat of harm for assault must be what?

Answer 12

Immediate

Question 13

Is it necessary to have actual pain or injury for an intentional frightening for assault?

Answer 13

No, any threatened conduct that is offensive or insulting is fine

Question 14

What is a conditional assault?

Answer 14

Conditioning a threat on an act of the victim

Question 15

What is example of a conditional assault?

Answer 15

Saying you will shoot someone if they don’t do something

Question 16

If a victim complies with a conditional assault, can that be a defense because they avoided injury?

Answer 16

No

Question 17

What is aggravated assault?

Answer 17

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.

Question 18

If an assault is happening on a specific type of person, like a cop, then the D must know what?

Answer 18

That the victim falls into that category

Question 19

Does aggravated assault merge?

Answer 19

Yes, so if the defendant completes the crime, he is just guilty of it

Question 20

What is false imprisonment?

Answer 20

Intentional, unlawful confinement of one person by another

Question 21

What type of intent crime is false imprisonment?

Answer 21

Specific intent

Question 22

What are the elements of false imprisonment?

Answer 22

• Intentional unlawful

- confinement

Question 23

When would someone have a privilege to confine another?

Answer 23

Police officer, or committing a citizen’s arrest

Question 24

What does confinement mean for false imprisonment?

Answer 24

Victim must be:

• fully confined by erected barriers
• applying force/threatening to apply immediate physical force, or
• invalidly asserting authority

Question 25

Must a victim try to resist or escape if the defendant has the apparent ability to effectuate a threat of confinement for false imprisonment?

Answer 25

No

Question 26

If a victim knows of reasonable means of escape is he confined?

Answer 26

No

Question 27

Does a victim have to search for potential escape routes if he is confined?

Answer 27

No

Question 28

What is kidnapping?

Answer 28

False imprisonment plus movement of the victim

Question 29

What is required for movement of the victim for kidnapping?

Answer 29

Usually a substantial movement of the victim’s person

Question 30

What kind of intent crime is kidnapping?

Answer 30

Specific intent

Question 31

What is the rule for asportation for kidnapping?

Answer 31

It must be substantially greater than that which would normally occur as an incident to the underlying crime

Question 32

What is the minority approach to kidnapping?

Answer 32

False imprisonment plus asportation plus the defendant’s purpose must be a wrong (like ransom or a felony)

Question 33

How can kidnapping happen by fraud?

Answer 33

When you induce someone to get into your car for a legitimate purpose, then take them somewhere else

Question 34

If you take someone from one place to another thinking the law has authorized it, are you guilty?

Answer 34

No because kidnapping requires an intent to act without authority of law

Question 35

What is perjury?

Answer 35

The crime of giving false testimony under oath about material facts

Question 36

Perjury requires proof of what?

Answer 36

That defendant stated material facts to be true, knowing they were false or believing that or false, or without knowledge of the truth

Question 37

What is subornation?

Answer 37

Knowingly causing perjury by another person

Question 38

What is a theft crime?

Answer 38

Those that involve a wrongful taking of property from the victim by the defendant