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Criminal Law > Other Crimes Against Persons > Flashcards

Other Crimes Against Persons Flashcards

1
Q

Criminal Battery

A

Includes simple battery and aggravated battery

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2
Q

Simple Battery

A

When a person, without consent, causes a harmful or offensive contact with another person by the purposeful, knowing, reckless or criminally negligent use of force.

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3
Q

Level of Crime for Simple Battery?

A

Simple battery is a misdemeanor.

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4
Q

Is Simple Battery a General or Specific Intent Crime?

A
  • Simple battery is a specific intent crime when the harmful or offensive contact is caused purposefully.
  • Is a general intent crime when the harmful or offensive contact is caused knowingly, recklessly, or in a criminally negligent manner
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5
Q

Harmful or Offensive Contact by Use of Force

A

When D put a force in motion and that, as a result of this force, the Vs person was harmfully or offensively touched.

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6
Q

Harmful or Offensive Contact: Direct Application or Direct Contact

A

The P does not need to show that the D directly applied force to the Vs person or that the force put into motion by D made direct contact with Vs person.

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7
Q

Aggravated Battery

A

When:

  • D causes the V to suffer serious bodily injury or
  • the D uses a deadly weapon to commit the battery
  • the D batters a woman, child, or cop
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8
Q

Level of Offense for Aggravated Battery

A

Aggravated battery is a felony.

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9
Q

Defenses to Battery

A

Include:

  • Consent
  • Self-Defense
  • Prevention of Crime
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10
Q

Battery Defenses: Consent

A

When the alleged V consented to the contact, and this consent was not obtained by means of coercion or fraud.

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11
Q

Battery Defenses: Self-Defense

A

When the D was acting in self-defense or in defense of a third person at the time the D caused contact with the alleged V (force must be proportional).

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12
Q

Battery Defenses: Preventing Crime

A

When the D was trying to prevent the commission of a crime when the D caused contact with the alleged V (force must be proportional).

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13
Q

Criminal Assault

A

Includes simple assault and aggravated assault.

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14
Q

Simple Assault

A

When D attempts to commit a battery or intentionally causes the V to fear an immediate battery (apprehension assault)

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15
Q

Level of Offense for Simple Assault

A

Simple assault is a misdemeanor

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16
Q

Attempting-to-Commit-Battery Assault

A
  • Because “attempt” is a specific-intent crime, a D is guilty of criminal assault when they purposely tried to cause a harmful or offensive contact with Vs person.
  • The fact that the V was not aware of the attempted battery or that the D was not presently able to commit the battery is no defense.
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17
Q

Apprehension Assault

A

When D acts with threatening conduct intended to cause the V to feel reasonable apprehension of imminent harm. The Vs apprehension must be objectionably reasonable.

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18
Q

Conditional Threats

A

Are generally insufficient unless accompanied by an overt act to accomplish the threat.

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19
Q

Reasonable Apprehension of Imminent Harm

A

When a reasonable person would expect imminent bodily harm (words alone are generally insufficient).

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20
Q

Reasonable Apprehension of Harm: Expectation v. Fear

A

Apprehension requires an expectation of imminent bodily harm rather than fear of imminent bodily harm.

21
Q

Merger of Assault and Battery

A

If the feared battery is accomplished, the assault and battery merge and the D is guilty only of the battery.

22
Q

Aggravated Assault

A

Is present when:

  • the D commits an assault with a dangerous weapon or
  • the D acts with the intent to seriously injure, rape, or murder the V
  • the V is specially protected by statute
23
Q

Level of Crime for Aggravated Assault

A

Aggravated assault is a felony.

24
Q

Mayhem

A

When one maliciously uses physical force that causes the dismemberment of a Vs limbs or the permanent disabling or disfiguring of Vs limbs or face.

25
Q

Malicious Use of Physical Force

A

Is proven when P shows that D acted with an unlawful intent to vex, annoy, or injure another person.

26
Q

Level of Offense for Mayhem

A

Mayhem is a felony

27
Q

Kidnapping

A

When a person intentionally abducts another by means of force or the threat of force.

28
Q

Level of Offense for Kidnapping

A

Ordinary kidnapping is a felony.

29
Q

Abduction

A

P must show that, without consent, lawful authority, or warrant, the D restrained Vs liberty so that V could be concealed or taken to another place.

30
Q

Aggravated Kidnapping

A

When the kidnapping is committed to obtain a ransom or to further the commission of another felony.

31
Q

False Imprisonment

A

When a person intentionally and unlawfully confines another.

32
Q

Level of Offense for False Imprisonment

A

False imprisonment is a misdemeanor.

33
Q

Confinement

A

D must intent to preclude any reasonable means of escape and the V must subj. believe that there is no reasonable means of escape.

34
Q

False Imprisonment: Duty to Resist or Attempt Escape

A

There is no duty to resist or attempt escape where the D has the apparent ability to effectuate threats.

35
Q

False Imprisonment: Awareness v. Search for Reasonable Means of Escape

A

Vs are not confined (therefore, are not falsely imprisoned) if they are aware of a reasonable means of escape but are not required to affirmatively search for potential escape routes.

36
Q

False Imprisonment v. Kidnapping

A

Kidnapping is accomplished by abduction whereas false imprisonment requires only restraint.

  • Important factors:
  • Whether V was moved
  • The required intent of the jurisdiction’s kidnapping statute
  • Purpose of the confinement
  • Aggravating factors (such as use of deadly weapon)
37
Q

Rape

A

When a person has sexual intercourse with or commits sexual intrusion against another person without this other person’s consent.

38
Q

Sexual Intercourse and Sexual Intrusions

A

P must show that there was a penetration, even to slightest degree, of nonconsenting person’s vagina or anus with a body part or object or show oral penetration with a sex organ.

39
Q

Lack of Consent

A

P can prove lack of consent by showing that:

  • V was unconscious or physically incapable of consenting due to the effects of drugs or intoxicating substances
  • V verbally communicated lack of consent
  • Lack of consent was implied by the Vs physical resistance to the sexual intercourse or intrusion.
40
Q

Defenses to Rape

A

Include consent and reasonable mistake

41
Q

Rape: Consent

A

If the D can prove that the alleged V actually consented, there is no rape.

42
Q

Rape: Reasonable Mistake

A

Even if all of the elements are met, D can avoid criminal liability by showing they reasonably and honestly believed the alleged V had consented (obj. and subj. req.).

43
Q

Statutory Rape

A

When a person is under the statutorily prescribed age of consent, an act of intercourse constitutes rape despite their apparent or actual consent.

44
Q

Statutory Rape: Mistakes

A

A defendant’s mistake as to the age of consent is no defense to statutory rape.

45
Q

Statutory Rape: Spouses

A

A person cannot be convicted of statutory rape of their spouse.

46
Q

Merger of Statutory Rape and Forcible Rape

A

A D found guilty of both statutory and forcible rape will be sentenced for forcible rape because the less serious crime of statutory rape would merge.

47
Q

Bigamy

A

The crime of marriage by one individual to more than one other person. Is a strict liability crime.

48
Q

Incest

A

The crime of sexual relations between individuals who are closely related to one another. The degree of relationship required varies by state. Is a strict liability crime.

Criminal Law (8 decks)

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