Chapter 8 Flashcards
Sodomy
Oral or anal between people or animals
Assault
Attempted or threatened battery. In common law assault and battery were separate
Battery
(1) Unlawful physical violence inflicted on another without his or her consent. (2) An intentional and offensive touching or wrongful physical contact with another, without consent, that results in some injury or offends or causes discomfort.
Mayhem
Intentional infliction of injury on another that causes the removal of, seriously disfigures, or impairs the function of a member or organ of the body. AGGRAVATED BATTERY
Aggravated Battery
Not included under common law
Present Ability
Element of crime of assault. Requires being physically able.
terroristic threats
Felony in Nebraska. Threatening life with present ability
Sexual Assault
Outside the body is usually a misdemeanor
Sexual Assault
Penetration makes it a felony
Criminal Sexual Conduct
Applies to rape, sodomy, criminal sexual conduct with children.
Common Law Rape
Under Common Law, you couldn’t rape your wife.
Forcible Rape
Nonconsensual sexual intercourse accomplished against persons will by means of force. PHYSICAL FORCE NOT REQUIRED
Statutory Rape
Removes consent. Stright Liability Offense
Rape Shield Laws
Designed to prevent and protect victim. Cannot go into the sexual past of a victim
False Imprisonment
Not taking away, unlawful violation of personal liberty. doesn’t involve the “carrying away” of the victim