Chapter 8 Honors Criminal Law study guide

What is Kidnapping?

(An aggravated form of false imprisonment) Willful and unlawful seizing, confind, and carry away of another person by either force, threat, fraud, or deception.

What is the Mens Rea for Kidnapping?

Defendant must intend to seize a person, move the person, and confine the person against their will

What is the Actus Reus for Kidnapping?

The unlawful seizure, movement and confinement must be by force, threat of force, or by fraud.

What are the common types of Kidnapping?

Kidnapping by parent, Kidnap for ransom, Kidnap with intent for lewd and lascivious act, kidnapping with intent to transport person across state lines?

What does Kidnapping by parent mean?

A parent taking a child and taking them away from the designated place where the child is supposed to be.

What does Kidnap for ransom mean?

Kidnapping someone with the intent to receive something to let the person they kidnapped go.

What does Kidnap with the intent for Lewd and Lacivous act mean?

Kidnapping with the intent to commit rape, sexual acts, or violence on person kidnapped.

What is Kidnapping with the intent to transport a person across state lines?

Kidnapping with the intent to take a person across state lines and away from where they live or the original state they were in.

What is False Imprisonment?

Unlawful violation of the personal liberty of another (Confinement of someone with out movement)

What is the Mens Rea of False Imprisonment?

The defendant must intend to seize a person and confine them against their will.

What is the Actus Reus of False Imprisonment?

The Unlawful seizure and confinement must be by force, threat of force, or fraud.

What is the Key difference Kidnapping and False Imprisonment?

Asportation

What is Asportation?

Unlawfully carrying away another’s person or property. (Movement and how far the movement has gone)

What is Stalking?

A course of conduct that causes a reasonable person to fear bodily injury or death to themselves or member of their family.

What is the Mens Rea of Stalking?

The defendant must intend to engage in a course of conduct directed against another person that would put a reasonable person in fear of bodily injury or death.

What is the Actus Reus of stalking?

Defendant’s course of conduct must induce fear in the victim. ANY FEAR-INDUCING ACTS WILL SUFFICE. (Many jurisdictions require two or more acts, as well as notice by the defendant)

What is it called when A stalker uses technology to stalk their victims?

Cyber Stalking

What is a Cyber Stalker?

Stalkers who use technology to stalk victims

What is a High tech Stalker?

A stalker who uses high technology to stalk victims.

What makes a person a High tech Stalker?

Using technology like a camera in peoples home or breaking into wife.

What is Assault?

Any willful attempt or threat to inflict injury upon the person or another, when coupled with an apparent ability to do so, or a display of intent of force that would make the victim fearful.

What are the two definitions of assault?

Attempted Battery or intentional frightening of another person.

What are the elements of Assault?

1. An attempt to batter or conduct that is threatening.

2. With the intent to commit battery upon or to frighten the victim

3. In fact, does frighten the victim and would reasonably cause the average person to fear physical injury.

Can it be Assault if the threat/fear isn’t imminent?

No, it can not. For assault to occur, the threat has to have the possibility of happening right now in the moment.

Are words alone enough to constitute assault?

No, it must be accompanied by some type of movement with body or weapon

Can Assault be committed without touching or striking the victim?

Yes, fear of bodily harm is enogh to commited Assault.

Does Assualt need to be intentional?

Yes, Assault has not ocurred if the strike was by accident.

Does the victim need to be aware of the assault?

Yes because the victim must be place in fear of apprehension or immediate danger.

What is Conditional Assault?

Threatening harm under certain circumstances, such as the failure of the victim to act a certain way or not doing something that is asked of them immeidately.

What is Aggravated Assault?

Assault with the intent to kill, rob, rape, and/ or assault with a deadly weapon.

What is Battery?

The unlawful or offensive application of force to another person, resulting in bodily injury or offensive touching.

Is Intent Required to commit Battery?

Batter does not require intent. Only criminal negilience.

Why would Battery have Criminal Negilience as it’s intent?

Because they could be a case where the person should’ve known their actions could hurt someone. They were told to stop and did not.

Does force need to be direct?

No force needs to be direct.

What are some examples of indirect Battery?

Your dog biting someone or pouring a drink on someone.

Why is your dog biting someone Battery?

Because dog owners are strictly liable for dogs’ actions.

What is aggravated battery?

Battery with a deadly weapon, seriously bodily injury to a child, a woman, or a police officer.

What is consent as a defense?

If the person consent to the act then they consent to the harm

What is Mayhem?

Perment lost/ disfigurment of body part.