BAR FLASHCARDS - Cr L 6 - Other offesnes ag person (1)

Question 1

OTHER OFFENSES AGAINST THE PERSON

Answer 1

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Question 2

Assault and Battery

Answer 2

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Question 3

Battery

Answer 3

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
- Need NOT be intentional
- GENERAL INTENT crime! (so those 2 extra defenses NOT available).

Battery is an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
A battery can be, but need not be, intentional, and the force need not be applied directly (for example, causing a dog to attack the victim is a battery).
Battery is a general intent crime.
Some jurisdictions recog- nize consent as a defense to simple battery and/or certain specified batteries.

Question 4

Aggravated Battery

Answer 4

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; and
(3) battery of a child, woman, or police officer.

Question 5

Assault

Answer 5

Assault is either:
(1) An attempt to commit a battery or
(2) The intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm.
If there has been an actual touching of the victim, the crime can only be battery, not assault.

Question 6

If there has been an actual touching of the victim, the crime can only be….

Answer 6

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

Question 7

Aggravated Assault

Answer 7

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

Question 8

Think of assault as two separate crimes:

Answer 8

Think of assault as two separate crimes:
(1) attempted battery assault—a specific intent crime (that is, defendant must intend to commit a battery), and
(2) creation of reasonable apprehension assault.
Be sure to consider both types of assault in answering a question, because one may apply even though the other does not.
For example, if D stops V at knifepoint and demands V’s money, D has committed creation of reasonable apprehension assault but not attempted battery assault.
You would not want to decide that D is not guilty of assault because you thought only about attempted battery assault.

Question 9

FALSE IMPRISONMENT

Answer 9

False imprisonment consists of the unlawful confinement of a person without the person’s valid consent.

The M.P.C. requires that 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 also that consent is invalidated by coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth.

Question 10

KIDNAPPING

Answer 10

Modern statutes often define kidnapping as 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 11

Aggravated Kidnapping

Answer 11

Aggravated kidnapping includes kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing (the consent of a child to their detention or movement is not of importance because a child is incapable of giving valid consent).

Question 12

RAPE

Answer 12

Traditionally, rape was the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent.
Today, a number of state statutes have renamed “rape” as gender-neutral “sexual assault.”
The SLIGHTEST penetration is SUFFICIENT.

Question 13

Rape - Absence of Marital Relationship

Answer 13

Under the traditional rule and the M.P.C., a husband cannot rape his wife, but most states today either reject this rule entirely or reject it where the parties are estranged or separated.

Question 14

Rape - Lack of Effective Consent

Answer 14

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
Note that consent due to other types of fraud (for example, the perpetrator persuading the victim that the perpetrator is the victim’s spouse or that they will get married) is effective.

Question 15

STATUTORY RAPE

Answer 15

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.

Question 16

Statutory Rape - Mistake as to Age

Answer 16

Mistake as to Age - Will a defendant’s reasonable mistake as to the victim’s age prevent liability for statutory rape?
For purposes of the examination, the best answer is no, since statutory rape is a strict liability crime.

A second best answer, to be used only if no alternative making use of the best position is presented, is that a reasonable mistake as to age will prevent conviction if the defendant reasonably believed the victim was old enough to give an effective consent.

That is a claimed mistake of fact - but not a defense bc of SL.