Other Crimes Against Persons Flashcards Preview

MBE Criminal Law > Other Crimes Against Persons > Flashcards

Flashcards in Other Crimes Against Persons Deck (19)
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1
Q

Elements of criminal battery

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

What is the mens rea for battery?

A

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
Q

What circumstances elevate a misdemeanor battery to an aggravated battery?

A

If D:

  • Causes serious bodily injury;
  • Uses a deadly weapon; or
  • Has intent to kill or intent to rape
4
Q

What are the common defenses to battery?

A
  1. Valid consent;
  2. Self-defense or defense of others; or
  3. Necessity (battery was necessary to prevent a crime)
5
Q

Define

assault

A
  1. Unsuccessful attempt to commit battery (“attempted-battery assault”); or
  2. Placing another in apprehension of immediate harm (“apprehension assault”)
6
Q

When does V have reasonable apprehension of imminent harm?

A

When V reasonably anticipates that D’s act(s) will result in immediate bodily harm or offensive contact (subjective standard)

7
Q

Differentiate between battery and assault

A

Battery: bodily harm or offensive touching

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

8
Q

Do verbal threats alone constitute assault?

A

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

9
Q

​What circumstances elevate assault to aggravated felony assault?

A

If assault is committed with:

  • A dangerous weapon;
  • Intent to rape or kill; or
  • V is specially protected by statute
10
Q

Define

common law mayhem

A

Crime that disfigures or permanently disables V.

⚠️ Equivalent to modern aggravated battery

11
Q

Elements of false imprisonment

A
  1. Unlawful;
  2. Confinement of V;
  3. Without V’s consent
12
Q

Elements of kidnapping

A
  1. Unlawful;
  2. Confinement of V;
  3. Against V’s will; and
  4. V is either moved or hidden
13
Q

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

A

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

14
Q

Is kidnapping a general intent crime or specific intent crime?

A

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

15
Q

Elements of common law rape

A
  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
Q

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

A

No, the requisite mens rea is negated.

17
Q

Define

statutory rape

A

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

18
Q

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

A

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
Q

Define

Dram Shop Rule

A

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