Legal Terms Chapter 12 - Crimes Against the Person and Human Habitation Flashcards
(29 cards)
Robbery
The wrongful taking and carrying away of the personal property of another from the other’s person or personal custody, against the other’s will by force and violence, or by threat of force.
Threat of force
Intimidation designed to put someone in fear that he or she will be the victim of violence, equivalent to force.
Lesser included offense
A crime that contains some, but not all, elements of a greater offense, making it impossible to commit the greater offense without also committing the lesser offense.
Maim
To cripple or mutilate in any way.
Mayhem
Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts, or disables the tongue, or puts out an eye, or slits the nose, ear, or lip is guilty of mayhem; in common law.
Battery
The actual contact or touching of another without permission or privilege and requires criminal intent or reckless behavior on the part of the perpetrator; also unlawful application of force on another person.
Assault
An attempt to commit battery or putting someone in fear of battery; requires using a gun even if not shot or at least moving an arm.
Aggravated assault
An assault committed with the intention of committing some additional crime.
Carnal knowledge
Sexual intercourse; the slightest penetration of the sexual organ of the woman by the sexual organ of the man.
Rape
Sexual intercourse; the slightest penetration of the sexual organ of the woman by the sexual organ of the man; in common law.
Rape shield laws
Laws passed to help prevent rape victims from having their sexual history be sought or used by the defense as a defense strategy at trial.
Statutory rape
Sexual intercourse with a child under the age set by state statute regardless of whether the child consented or not; also called unlawful sexual intercourse.
“Romeo and Juliet” defenses
The defense permits statutory rape charges to be dropped where the victim is above an age threshold (i.e. 15) and the defendant is not more than 4 years older than the victim and was in a dating relationship with the victim at the time of the sexual encounter.
Sex by deception
Sex by fraud.
Domestic violence
The abuse of a closely related person such as a present or former spouse or cohabitant.
Restraining order
An order forbidding a person from doing a particular act.
Summarily
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Stalking
The willful, malicious, and repeated following, harassing, and threatening of another person, intending to place the person in fear of death or serious bodily injury.
Cyberstalking
Using the internet to put another person in fear for their or their loved one’s safety or life.
Cyberbullying
Using the internet to malign or threaten someone.
Cyberharassment
Using the internet to repeatedly interfere with someone’s life.
Dwelling house
A house in which the occupier and family usually reside, including all outbuildings within the curtilage.
Curtilage
The enclosed space of ground and buildings immediately surrounding a dwelling house.
Nighttime
The time between one hour after sunset on one day and one hour before sunrise on the next day; the time of sunset and sunrise shall be ascertained according to mean time in the place where the crime was committed.
