Crimes Against the Person: CONFINEMENT & SEX OFFENSES

Question 1

COMMON LAW False Imprisonment

• elements
• mental state

Answer 1

• The UNLAWFUL CONFINEMENT of a person w/o his CONSENT
• General Intent: D need only be generally aware of the factors constituting the crime; need not intend a specific result; jury can usually infer the general intent simply from the doing of the act

Question 2

COMMON LAW Kidnapping

• elements
• mental state

Answer 2

• False imprisonment that involves either moving the victim or concealing the victim in a secret place
• general intent

Question 3

COMMON LAW Rape

• elements
• mental state

Answer 3

• sexual intercourse (any amount of penetration is enough)
• w/o the victim’s consent
• accomplished by: (i) force; or (ii) threat of force; or (iii) when the victim is unconscious

General Intent

Question 4

MBE Statutory Rape

• elements
• majority mental state
• MPC/minority mental state

Answer 4

ELEMENTS- sex w/ someone under the age of consent

MAJORITY- strict liability

MPC/MINORITY- a reasonable mistake of age is a defense