chapter 11 criminal sex conduct, assault, battery, kidnapping, and false imprisonment

bodily injury

impairment of physical condition or substantial pain

serious bodily injury

significant impairment of physical conditions, risk of death, extreme pain, loss of function

battery

application of force to another person

kidnapping

kidnapping = restrain by + force, threat, or force, or constructive force

false imprisonment

intent to detain and move or to detain and hide without consent + act of detention and moving or detention and hiding + through the unlawful use of force or threat of force

mens rea of assault

intentionally

knowingly

recklessly

negligently

rape reform laws have changed these antiquated/unjust requirements to bring a rape charge…

immediate complaint

corroboration rule

sexual activity

martial exemption

survivors had to show they resisted

rape reform — removed many of these bogus and unjust obstacles that prevented justice

BI vs. SBI

factors differentiating:

size difference — assailant was bigger than victim

location of strikes

dangerous weapon — had weapon to aid his attack

strikes to defenseless victim

aggravated assault

unlawful attack intended to cause or resulting in severe bodily i jury, often involving deadly weapon or other means likely to produce death

aggravated assault — protected classes

acting in the course of their duties

law enforcement, firefighter, judge, public defender, teacher, healthcare practitioner, etc.

common law rape

nonconsensual vaginal intercourse by a man of a woman who is not his wife

rape

when someone doesn’t give their consent for sexual intercourse

harassment

a person commits the crime of harassment when, with the intent to harass, annoy, or alarm another, they:

shove, kick, follow, hits, communicates weirdly, etc.