Flashcards in Unit 5 Deck (35):
_________ is the unlawful application of force that actually and intentionally causes the touching of another person against his or her will.
_______ is a battery accompanied by intent to kill or rape --- thus, usually a _____ intent crime and a felony in many states.
Aggravated battery, specific 243
Assault is a
threat to commit an imminent battery.
E. Mogul definition
(there must be an apparent ability to complete the threat or an apparent display of force.) 243
If a defendant threatens to shoot the victim unless the victim leaves, this would be __________.
conditional assault 245
________ is assault with intent to kill, rob, or rape, or assault assault with a deadly weapon. This is a ______ in most states.
aggravated assault, felony 245
______ is assault with intent to maim. This crime can be characterized by (3)......
......dismemberment, disablement, or disfigurement. 245
With regards to Mayhem, if a defendant hits a victim in the lip; however, the victim's lip heals a few weeks later, could the defendant be charged with Mayhem and why?
No, because the injury must be permanent. 245
Under Florida law, ______ is the taking of property from person or the person's custody with the intent to either permanently or temporarily deprive the person or the owner of the property when in the course of the taking there is use of force, violence, assault, or putting in fear. If force or fear is missing, a ______ or ______ has taken place.
Robbery, theft, larceny 246
Michael drags molly into the woods and attempts to rape her....Michael is guilty of __________.
In some state pure snatching with no force used is still _______.
_________ is a robbery accomplished by means of a dangerous or deadly weapon; often classified as a ________ or ________.
armed robbery, robbery in the 1st degree, aggravated robbery.
*in some jurisdictions the weapon need not be present if the defendant's actions caused the victim to reasonably believe there was a weapon. 248
______ is a common law felony defined as "the carnal knowledge of) a woman forcibly and against her will."
rape shield laws offer a victim protection from......................but with exception.......
-cross examination by the defendant regarding her sexual history and general moral character.
-exception: victim's past sexual history with the defendant may be allowed into evidence but only to the extent it may relate to the defense of consent. 252
At common law, sexual intercourse between a man and a woman child under the age of ______ was considered rape regardless of whether consent was given. Today the age has generally been raised to _____ and is known as _______
10-years-old, 17-years-old, statutory rape 252
Child abuse comes in the following forms (4)
2. emotional (includes verbal)
4. neglect 260
________ which is the abuse, neglect, or financial exploitation of elderly persons, usually occurs ________
elder abuse, in the home 262
__________ is a condition observed in some rape victims in which the victim develops phobias and physical problems as a result of having been raped.
rape trauma syndrom 253
_________ is defined as knowingly and unlawful restraining a person, and this substantially interfering with his or her liberty. What are the elements (2).
1. act of unlawfully restraining a person so as to substantially interfere with his or her liberty, and
2. the specific intent to restrain that person. 264
________ is an exception to false imprisonment laws that gives a shopkeeper the right to restrain a person is the shopkeeper possesses a reasonable belief that the customer has not paid a bill or has shoplifted an item. ______ is not allowed.
Shopkeeper's rule, physical force 265
______ is a ______ offense defined as taking or carrying away a person without consent, by force or fraud, without lawful excuse, and often with a demand for ransom.
kidnapping, felony 266
at common law, kidnapping required the transportation of the victim ....... which is also known as ______
out of the country, asportation 266.
__________ was the malicious and willful burning of another's house. A house was defined as the dwelling of the occupant and any buildings located in the ______. Arson was considered a crime against _______ only, and NOT a crime against property.
common law arson, curtilage, habitation 275
Under the common law, burning of an unoccupied house or building ______ considered arson.
was not 275
_______ is generally defined as the malicious willful burning, or attempted burning of one's own or another person's property. All structures and _____ are covered under this.
modern arson, vehicles 275
common law burglary had 4 elements:
1. breaking and entering
2. in the night time
3. of the mansion or dwelling house or curtilage of another
4. with the intent to commit a felony 280.
modern law burglary requires 3 elements:
1. an entry
2. of a dwelling or building
3. with intent to commit a crime inside 280
what are the differences between modern and common law burglaries (3)
common law required:
-it had to be at night time
-had to be a dwelling or a structure on the curtilage
-crime intended had to be felony level. 280
an ______ , as it pertains to burglary, is any door that is inside a building and does not lead directly to the outside; one must already be _______ to gain entry.
inner door, inside 281
To commit an entry for purposes of burglary, the defendant _____ have to physically enter. Instead, he or she can enter by using an instrumentality, such as another person, an animal, or a physical object. This is called ________.
does not, constructive entry 282.
Nighttime in regards to common law burglary requires (2):
1. time period sunset and sunrise
2. when there is not enough daylight to discern a man's face 283
some states apply a _____ in determining whether a dwelling is occupied (as it applies to burglary). According to this test, if a dwelling is used regularly as a place to sleep, it is inhabited.
sleep test 284
Breaking and entering, or unlawful forced entry, is very similar to burglary, except it is lacking one element:
the specific intent to commit a theft or felony inside the structure. 285
________ is a simple burglary with the added elements of entering an inhabited dwelling, or any structure or vehicle, while armed with a dangerous weapon, or by committing a battery after or upon the entry.
aggravated battery 286.
Most states make it illegal to possess ________ -tools and instruments that are designed, adapted, or commonly used to commit burglaries.
burglar's tools 287