Offenses Against the Person/Sex Offenses Flashcards
(19 cards)
What is battery?
Battery is the unlawful application of force to the person of another that results in bodily harm or offensive contact
Battery does not require intent to cause injury, only intent to perform the unlawful act.
What are the four elements of battery?
- Unlawful (without legal excuse)
- Application of force
- To the person of another
- Results in bodily harm or offensive contact
The application of force can be through a third party or an object controlled by the defendant.
What constitutes an assault?
An assault is either an attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm
If there has been physical contact with the victim, the crime can only be battery, not assault.
What are the elements of false imprisonment?
- Unlawful (without legal excuse)
- Confinement of a person
- Without valid consent
Confinement can involve actual force, threat of force, or a show of force.
What does confinement in false imprisonment involve?
Using actual force, threat of force, or a show of force to:
* Make a person go where he does not want to go
* Prevent a person from going where he desires to go if no alternative routes are available
The Model Penal Code requires that the confinement “interfere substantially” with the victim’s liberty.
What is the definition of kidnapping?
Kidnapping is the unlawful confinement of a person that involves either some movement of the victim or hiding the victim
Kidnapping is considered a general intent crime.
What are the key elements of common law rape?
- Unlawful sexual intercourse
- With a female
- Against her will by force or threat of force
Most modern statutes have relaxed these elements.
What are some modern changes to rape statutes?
- Gender-neutral laws
- Can occur without force or threat of force
- Can involve activity other than intercourse
Rape is a general intent crime, requiring only the intent to perform the unlawful act.
What is statutory rape?
Statutory rape requires sexual intercourse with a person under age, and the defendant’s reasonable mistake of fact as to the victim’s age does not shield liability
Statutory rape is classified as a strict liability crime.
What is battery?
Unlawful application of force to the person of another that results in bodily harm or offensive contact.
Battery can be applied directly or through an object controlled by the defendant.
What constitutes the application of force in battery?
Force can be applied directly or through a third party or object controlled by the defendant.
This includes actions like kicking a cane used by the victim.
What must the touching in battery result in?
Bodily harm (e.g., a bruise) or offensive contact (e.g., an unwanted kiss).
Even slight touching can qualify if it meets these conditions.
What is the intent required for battery?
General intent to do the unlawful act is required, not intent to cause injury.
This means the defendant only needs to intend to apply force unlawfully.
What is assault?
An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.
Physical contact with the victim qualifies the act as battery instead of assault.
What is false imprisonment?
Unlawful confinement of a person without valid consent.
It involves actual force, threat of force, or a show of force.
What does confinement in false imprisonment involve?
Using force or threats to make a person go where they do not want to go or preventing them from going where they desire to go.
The Model Penal Code states confinement must ‘interfere substantially’ with liberty.
What is the intent required for false imprisonment?
General intent to do the unlawful act is required, not intent to cause injury.
This means only the unlawful act itself needs to be intended.
What is kidnapping defined as?
Unlawful confinement of a person involving either some movement of the victim or hiding the victim.
Modern statutes outline these criteria for kidnapping.
What is the intent required for kidnapping?
General intent to do the unlawful act is required, not intent to cause injury.
Similar to battery and false imprisonment, intent focuses on the act itself.
