Detailed Study Guide of Legal Concepts in Rape, Crimes Against the Person, Theft, Accomplice Liability, and Defense Strategy (copy)

What is the definition of sexual assault?

Sexual assault refers to various forms of sexual violence that involve non-consensual sexual contact or behavior.

What distinguishes first degree sexual assault from second degree sexual assault?

First degree sexual assault involves aggravated circumstances such as the use of a weapon or serious bodily injury, while second degree sexual assault generally involves coercive acts without the use of a weapon.

What does child molestation refer to?

Child molestation refers to sexual acts or inappropriate behavior directed towards a minor, which is illegal regardless of consent.

What are aggravating factors in child molestation cases?

Aggravating factors include the age difference between the offender and the victim, use of force or coercion, or involvement of multiple victims.

What is common law statutory rape?

Common law statutory rape occurs when an adult engages in sexual acts with a minor below the age of consent.

What are the two key elements of common law statutory rape?

The actus reus involves engaging in sexual intercourse with a minor; the mens rea is typically the intention to have sexual contact.

How does contemporary statutory rape differ from common law?

Contemporary law may recognize different age levels for victims and defendants and can provide for limited defenses.

What is the definition of a sexually transmitted infection (STI)?

A sexually transmitted infection (STI) is an infection transmitted through sexual contact, which can lead to serious health consequences.

What are the actus reus and mens rea elements regarding transmission laws of STIs?

Actus reus is the action of transmitting the STI; mens rea is the knowledge that one is infected and could transmit it.

What is the definition of assault?

Assault is an act that puts another person in reasonable apprehension of an imminent harmful or offensive contact.

How is battery defined in legal terms?

Battery is the actual infliction of harmful or offensive contact upon another person.

What distinguishes aggravated assault from simple assault?

Aggravated assault involves the use of a deadly weapon or causes serious bodily injury, while simple assault usually involves minor injuries or threats.

What is a deadly weapon?

A deadly weapon is any object likely to cause death or serious injury when used in a certain manner.

What constitutes child abuse?

Child abuse refers to physical, emotional, or sexual harm inflicted upon a minor.

What is the difference between child abuse and child neglect?

Abuse involves active harm, while neglect involves a failure to provide necessary care.

What is reckless endangerment?

Reckless endangerment occurs when a person engages in conduct that creates a substantial risk of serious physical injury to another.

What defines terroristic threats?

A threatening act that instills fear or panic in victims aimed at causing serious bodily harm or death.

What is stalking?

The repetitive and unwanted surveillance or harassment of an individual causing distress.

What is the legal definition of kidnapping?

The unlawful taking and carrying away of a person by force or fraud.

What is the difference between hostage taking and unlawful confinement?

Hostage taking usually involves a demand for ransom or a political objective, while unlawful confinement does not.

What does animus furandi refer to?

The intent or mindset to commit theft, specifically intending to permanently take property from its owner.

What is the definition of fraud?

Fraud is intentionally misleading a person to their detriment, typically in a financial context.

How is larceny defined?

Larceny involves the unlawful taking of someone else's property with the intent to permanently deprive the owner.

What is the main distinction between robbery and larceny?

Robbery involves taking property from a person using force or intimidation, while larceny does not involve such direct confrontation.

What is the definition of conspiracy?

An agreement between two or more persons to commit a crime.

What is the M’Naghten test for insanity?

A standard to determine insanity based on whether the defendant had a mental disease that prevented them from understanding the nature of their act.

What does guilty but mentally ill (GBMI) imply?

The verdict indicates that while the defendant is guilty of the crime, they were mentally ill at the time of the offense.

What is the Castle Doctrine in terms of self-defense?

The legal principle that individuals can use reasonable force without retreating when threatened in their home.

What is the initial aggressor rule in self-defense claims?

If a person starts a confrontation, they cannot claim self-defense unless they withdraw from the conflict and communicate that withdrawal.