Other Offenses Against the Person

Question 1

Battery

Answer 1

Battery is an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.

General Intent crime

Question 2

Aggravated Battery

Answer 2

Most jurisdictions treat the following as aggravated batteries and punish them as felonies:
(1) battery with a deadly weapon
(2) battery resulting in serious bodily harm
(3) battery of a child, woman, or police officer

Question 3

Assault

Answer 3

Assault is either:
(1) An attempt to commit a battery or
(2) The intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm (cannot only be verbal).

If there has been an actual touching of the victim, the crime can only be battery, not assault.

Question 4

Aggravated Assault

Answer 4

Aggravated assault is an assault with either (1) the use of a deadly or dangerous weapon, or (2) with the intent to rape, maim, or murder.

Question 5

False Imprisonment Definition

Answer 5

The unlawful confinement of a person without the person’s valid consent.

MPC: The confinement must “interfere substantially” with the victim’s liberty. It is not confinement to simply prevent a person from going where they desire to go, as long as alternative routes are available to them.

NOTE: Consent is invalidated by coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth

Question 6

Kidnapping Definition

Answer 6

The unlawful confinement of a person that involves either:

(1) Some movement of the victim, or
(2) Concealment of the victim in a “secret” place

Question 7

Aggravated Kidnapping

Answer 7

Includes:
- Kidnapping for ransom
- Kidnapping for the purpose of committing other crimes,
- Kidnapping for offensive purposes,
- Child stealing (remember children cannot validly consent)

Question 8

Rape

Answer 8

To be rape, the intercourse must be without effective consent.

Lack of effective consent exists where:
- Intercourse is accomplished by actual force
- Intercourse is accomplished by threats of great and immediate bodily harm
- The victim is incapable of consenting due to unconsciousness, intoxication, or mental condition, or
- The victim is fraudulently caused to believe that the act is not intercourse.

Traditional rule and MPC: A husband cannot rape his wife (but most states reject this, or reject it where the parties are estranged or separated.)

Question 9

Statutory Rape

Answer 9

Statutory rape is carnal knowledge of a person under the age of
consent. Statutory rape is a strict liability crime, and, therefore, it is
not necessary to show lack of consent.