3. Other Crimes Against The Person Flashcards
(35 cards)
What constitutes Simple Battery?
i.) A person, without consent,
ii.) causes harmful or offensive contact with another person; and
iii.) does by purposeful, knowing, reckless, or criminally negligent use of force.
When is Simple Battery considered a specific-intent crime?
When the harmful or offensive contact is caused purposefully.
Specific intent means that the perpetrator had the intention to bring about the contact.
When is Simple battery a general intent crime?
Simple battery is a general-intent crime when harmful or offensive contact is caused knowingly, recklessly, or in a criminally negligent manner.
What must a prosecutor show to prove harmful or offensive contact by use of force?
i.) The defendant put a force in motion, and
ii.) as a result, the victim’s person was harmfully or offensively touched.
Direct application of force by the defendant is not required.
What elevates Simple Battery to Aggravated Battery?
i.) Causing serious bodily injury
ii.) using a deadly weapon to commit the battery; or
iii.) battering a woman, child, or law enforcement officer.
What are the defenses to Criminal Battery?
i.) Victim consented to the contact without coercion or fraud;
ii.) the contact occurred while the defendant was acting in self-defense or defending another person; or
iii.) the contact was made while attempting to prevent a crime.
What constitutes Simple Assault?
i.) Attempting(purposely tried) to commit a battery; or
ii.) intentionally causing the victim to fear an immediate battery.
What is required for a defendant to be guilty of Attempting to Commit Battery?
The defendant must have purposely tried to cause harmful or offensive contact with the victim’s person.
This is a specific-intent crime.
NO Attempt to Commit Battery
A defendant’s reckless or criminally negligent conduct CANNOT lead to an assault conviction based upon an attempt to batter.
Does a victim’s unawareness of an attempted battery negate a charge of Simple Assault?
No, the victim’s unawareness does not negate the charge.
The focus is on the defendant’s intent and actions.
Intentionally Causing the Victim to Fear an Immediate Battery;
The defendant MUST:
i.) act with threatening conduct;
ii.) intended to cause the victim to feel reasonable apprehension of imminent harm.
What constitutes a Conditional Threat in Simple Assault?
A conditional threat is generally insufficient unless accompanied by an overt act to accomplish the threat.
This means that mere words without action may not be enough.
What is required for Sufficient Apprehension in Simple Assault?
The victim must be aware and reasonably anticipates immediate bodily harm.
Apprehension does not require actual harm to occur.
There is insufficient apprehension from a person when:
i.) They are unaware of the threat of the harm;
ii.) They do not expect immediate bodily harm;
iii.) Defendant’s Promise of future action; or
iv.) Defendant’s Words alone are used.
True or False: ANY threatened contact, including one that is offensive or insulting, is sufficient to constitute an “apprehension” assault.
True.
There need be no actual pain or injury threatened.
What happens if the feared battery is accomplished?
The assault and battery merge, and the defendant is found guilty only of the battery.
What elevates Simple Assault to Aggravated Assault?
i.) Committing an assault with a dangerous weapon; or
ii.) acting with intent to seriously injure, rape, or murder the victim.
What constitutes Mayhem?
Maliciously using physical force that causes dismemberment or permanent disabling or disfiguring of a victim’s limbs or face.
How is Maliciousness proven in Mayhem?
By showing that the defendant acted with unlawful intent to vex, annoy, or injure another person.
Mere disfigurement alone does not establish mayhem.
What constitutes Kidnapping?
i.) Intentionally abducting another;
ii.) by means of force; or
iii.) the threat of force.
What must a prosecutor show to prove Abduction?
i.) Without consent;
ii.) the defendant restrained the victim’s liberty so that;
iii.) the victim could be concealed or taken to another place.
The Abduction element can be met when:
i.) the victim is taken from one place to another; or
ii.) when they are secretly confined where the person is not likely to be found.
Under the Model Penal Code, kidnapping is defined as unlawfully moving or confining someone with the intent to:
i.) Demand ransom or use as a shield/hostage;
ii.) Facilitate a felony;
iii.) Cause injury or terror; or
iv.) Disrupt governmental or political functions.
What is Aggravated Kidnapping?
Occurs when kidnapping is committed to:
i.) obtain ransom; or
ii.) to further the commission of another felony.
