Honors Criminal Law

test study flashcards

Definition of kidnapping

A crime of force; specifically, the force of moving someone and restraining them against their will

What is the mens rea of kidnapping?

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

What is the actus reus of kidnapping?

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

What are the four types of kidnapping?

1. by a noncustodial parent

2. forcible kidnapping for ransom

3. kidnapping with the intent to commit a lewd and lascivious act

4. kidnapping with the intent to transport a person in to or out off a state

What is the difference between kidnapping and false imprisonment?

Kidnapping involves movement (asportation) of a person, false imprisonment does not

What is the mens rea of stalking?

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 separate acts.

What is cyber stalking?

1. Technology is allowing stalkers to frighten, harass, surveil, and terrify their victims

2. it allows a stalker to remain anonymous and may reduce the risk of being seen by the victim

What are the two definitions of assault?

Attempted battery or intentional frightening of another person

What are the three elements of assault?

1. an attempt to batter or conduct that is threatening

2. with the intent to commit a 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

What must apply for assault?

Immediate harm and intention

What is conditional assault?

the actor threatens harm only under certain circumstances

ex. robber tells clerk he will shoot her if she doesn’t hand over the money

What is aggravated assault?

assault with the intent to kill, rob, rape and assaults with specified deadly weapons quality as aggravated assault

What are the elements of battery?

1. the unlawful application of force

2. to the person of another

3. resulting in either bodily injury or offensive touching

What is required for battery?

Intent is not required, only criminal negligence

Does force need to be applied directly?

No, it is sufficient if the force is applied by a force or a substance put in motion by the defendant

What is aggravated battery?

Using a deadly weapon causing serious bodily injury. It is serious when the victim is a child, woman or police officer

What is mayhem?

An aggravated form of battery that results in the loss of use of a body part, or the permanent disfigurement, or disabling of the body