Other Crimes Against Person

Question 1

What is false imprisonment?

Answer 1

Confinement of one person by another when it is:
1. intentional
2. against the law
3. the victim is fully confined

Question 2

What is modern law kidnapping?

Answer 2

A person commits the offense of kidnapping when they:
1. abduct or steal away any person
2. without lawful authority or warrant
3. hold that person against their will

Question 3

What is common law kidnapping?

Answer 3

Kidnapping consisted of an unlawful restraint of a person’s liberty by force or show of force so as to send the victim into another country

Question 4

What is rape under modern law?

Answer 4

Sexual intercourse against a victim’s will by force, threat or intimidation

Question 5

Is mistake of fact a defense to rape at modern law?

Answer 5

Mistake of fact can be a defense because there is no requirement to prove extrinsic force

Question 6

What are requirements for the defense of mistake of fact regarding rape at modern law?

Answer 6

The mistake must be both honest and reasonable

Question 7

What is common law rape?

Answer 7

At common law, rape was defined as:
1. carnal knowledge of a woman that isn’t the D’s wife
2. against the woman’s will
3. by force or threat of force

Question 8

What is statutory rape?

Answer 8

If the victim is under a statutorily prescribed age of consent, intercourse will be rape, even if the victim expressed their consent or the D mistakenly believed they were of legal age