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Flashcards in Other Crimes Against Persons Deck (19)
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1

Elements of criminal battery

  1. Unlawful;
  2. Application of force;
  3. To another person;
  4. That causes bodily harm OR constitutes offensive touching

2

What is the mens rea for battery?

Since battery is a general intent crime, the mens rea is intent to cause harmful contact or offensive touching, not intent to cause a harmful result.

⚠️ Note: In most states and under the MPC, the mens rea can be satisfied if D acted recklessly or in a grossly negligent manner.

3

What circumstances elevate a misdemeanor battery to an aggravated battery?

If D:

  • Causes serious bodily injury;
  • Uses a deadly weapon; or
  • Has intent to kill or intent to rape

4

What are the common defenses to battery?

  1. Valid consent;
  2. Self-defense or defense of others; or
  3. Necessity (battery was necessary to prevent a crime)

5
Define

assault 

  1. Unsuccessful attempt to commit battery ("attempted-battery assault"); or
  2. Placing another in apprehension of immediate harm ("apprehension assault")

6

When does V have reasonable apprehension of imminent harm?

When V reasonably anticipates that D's act(s) will result in immediate bodily harm (subjective standard)

7

Differentiate between battery and assault

Battery: bodily harm or offensive touching

Assault: attempted battery or act that places V in fear of immediate harm (no touching required)

8

Do verbal threats alone constitute assault?

No. Words must be in conjunction with an overt threatening act or gesture to constitute assault.

9

​What circumstances elevate assault to aggravated felony assault?

 

 

If assault is committed with:

  • A dangerous weapon;
  •  Intent to rape or kill; or
  • V is specially protected by statute

10
Define

common law mayhem

Crime that disfigures or permanently disables V.

⚠️ Equivalent to modern aggravated battery 

11

Elements of false imprisonment

  1. Unlawful;
  2. Confinement of V;
  3. Without V's consent 

 

12

Elements of kidnapping

  1. Unlawful;
  2. Confinement of V;
  3. Against V's will; and
  4. V is either moved or hidden

13

How far does D need to move V to satisfy the movement element (asportation) of kidnapping?

Very little. In some states, even moving V a few feet qualifies as asportation.

14

Is kidnapping a general intent crime or specific intent crime?

General intent crime → only need intent to commit the act.

15

Elements of common law rape

  1. Unlawful;
  2. Sexual intercourse (requires penetration, however minimal);
  3. With a female;
  4. Without consent; and
  5. With force or threat of force

⚠️ Note: Most modern statutes have abandoned the gender requirement and some have abandoned the force requirement.

 

16

If D makes a reasonable and honest mistake as to whether V consented, does D have the mens rea for rape?

No, the requisite mens rea is negated.

17
Define

statutory rape

D has intercourse with a person below the statutorily prescribed age of consent.

 

18

Is statutory rape a general intent, specific intent, or strict liability crime?

Strict liability crime. Even if D reasonably believed V was of age, or V lied about their age, D is still liable.

The prosecution only needs to prove D intended to do the act itself.

⚠️ You can still be charged with attempt for statutory rape.

19
Define

Dram Shop Rule

If a business sells alcoholic beverages to an obviously drunk person, they will be strictly liable for anyone injured by the drunken patron