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Flashcards in Crimes Against Persons Deck (14)
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1
Q

What are the elements of Common Law battery?

(Actus Reus)

(Mens Rea)

A

AR: (1) Unlawful application of force to another, that results in (2) bodily injury OR an offensive touching.

MR: General intent

2
Q

What are the elements of Common Law assault?

A

AR: Attempted battery; OR (1) Intentional creation, (2) other than by mere words, of (3) reasonable apprehension in the mind of the victim (4) of imminent bodily harm

MR: Specific intent

3
Q

NY QUESTION

What are the elements for 2d degree assault in NY?

A

Intentionally causing serious physical injury to another person

[Increase: weapon]

[Decrease: less injury]

4
Q

What is the bar study process for determining degree of offenses in NY?

A

Take a middle one; Guess at the others

5
Q

NY QUESTION

What are the three common features of NY crime degrees? (Weapons/Injury/Quantity)

A

Weapons (add a gun, add a degree)

Injury: injury (pain); serious injury (permanent or life threatening)

Quantity (money; drugs)

6
Q

NY QUESTION

What is the NY equivalent of common law assault?

A

Menacing

7
Q

When must a death occur for D to be liable for homicide?

(NY/Majority)

(CL)

A

NY/Majority: death may occur at any time

CL: death must occur within a year plus a day of act

8
Q

What are the elements of False Imprisonment at Common Law? (AR) (MR)

A

AR: Unlawful confinement of a person without his/her consent

MR: General Intent

9
Q

NY QUESTION

What are the elements of False Imprisonment in NY?

A
  1. Unlawfully restraining someone
  2. Without their consent
  3. With knowledge that such restriction is unlawful

[1st degree: +Risk of serious physical injury]

10
Q

What are the elements of kidnapping at Common Law? (AR) (MR)

A

AR: (1) Moving victim OR (2) Concealing victim in secret place

MR: General intent

11
Q

NY QUESTION

What are the elements of kidnapping in NY?

A

Abducting someone

[1st degree: +Ransom; restraint of victim for more than 12 hrs with intent to injure rape or rob; or death of victim]

12
Q

What are the elements of forcible rape at common law? (AR) (MR)

A

AR: (1) Sexual intercourse (2) without the victim’s consent, that is (3) accomplished by force OR the threat of force OR when victim is unconscious/

MR: General intent

13
Q

What are the elements of statutory rape?

(AR) (MR-NY/majority) (MR-MPC)

A

AR: (1) Sexual intercourse (2) with someone under age of consent

MR (majority/NY): Strict Liability

MR (minority/MPC): Reasonable mistake of age is a defense

14
Q

NY QUESTION

What is the age of consent and special rules for statutory rape in NY?

A

NY age of consent = 17

To be considered statutory rape in NY, D must be 16 or younger AND P must be at least 21