Chapter 8 - Crimes Against Persons: Assault, Battery, Kidnapping & Stalking

What is the definition of assault?

An unlawful threatened or attempted battery; it is when one attempts to injure another or threatens/frightens to injure another with the present ability to do so.

What are the elements of assault?

An unlawful or threatened attempt, with apparent present ability, to injure another person.

What is the definition of assault?

An unlawful threatened or attempted battery; it is when one attempts to injure another or threatens/frightens to injure another with the present ability to do so.

What are the elements of assault?

An unlawful or threatened attempt, with apparent present ability, to injure another person.

What is battery?

An unlawful, unjustified or offensive touching of another person.

What are the elements of battery?

An unlawful and willful use of offensive touching, violence or force (no matter how slight).

What is present ability in the context of assault?

The accused must be in a position to carry out the threatened battery immediately, and the threat of harm must be obvious.

What constitutes bodily injury?

The unlawful application of force of a physical nature upon the victim.

Can Matt be charged with assault for threatening harm to Lily who is 30 miles away?

FALSE, he cannot be charged with assault based on the information provided.

What is mayhem?

The malicious and unlawful destruction, amputation or permanently disabling or disfiguring of a member/organ of the body of another.

How long did Lawrence Singleton serve in prison for committing mayhem against Mary Vincent?

8 years.

What led to Lorena Bobbitt's attack on John Wayne Bobbitt?

Repeated domestic violence.

What does the California Penal Code say about assault?

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Should all states have separate statutes for assault and battery?

Yes, separate them.

What is kidnapping?

The unlawful and willful seizure and confinement of another person against their will by use of force, threat, fraud, or deception.

What is asportation?

The taking and/or carrying away of the property of another (for larceny) or of a person (for kidnapping).

How was the Lindbergh baby kidnapper tracked down?

Initially through the use of gold certificates.

What legal change did the Lindbergh case result in?

The Lindbergh Law, which allowed federal authorities jurisdiction in state cases that crossed state lines.

What are the types of kidnapping?

Forcible kidnapping, Kidnapping with lascivious/lewd intent, Kidnapping with the intent to take out of a state, Kidnapping by non-custodial parent.

What was Ariel Castro sentenced to for the Cleveland kidnapping case?

Life + 1000 years.

How long was Jaycee Dugard held captive?

18 years.

What is false imprisonment?

The lawful violation of the personal liberty of another.

What are the elements of false imprisonment?

The unlawful seizing of a person, the confinement and/or restraint of that person via force, threat of force, deception, or fraud.

Which state was the first to enact laws regarding stalking?

California.

What is stalking?

When a person willfully and repeatedly follows or harasses another person in a manner that would lead a reasonable person to be in fear of injury or death.

What are some solutions to reduce incidents of cyberstalking?

Limit the amount of personal information you share online, and report suspicious behavior.