LEJA 212 Exam 3

Ch 7, 8, 10, 11

What are the elements of the crime of rape?

• Elements:

  • Unlawful sexual intercourse

  • Force, fear or trick

    • Rape may occur when the victim’s resistance is overcome by force, when the victim is placed in a situation in which she fears for her safety, and therefore, submits to the act, or when the victim is tricked and becomes incapable of giving consent.

Under what circumstances can a woman be convicted of the crime of rape?

Women may be guilty as aiders or abettors.

In addition, where a woman is of the age of majority and her male partner is still a juvenile, voluntary sex between them is considered as rape or unlawful sexual intercourse on the part of the female is considered as rape.

But also under the same circumstances as a man would because rape is about consent and consent is not gendered

Rape-shield statute

a statute that is intended to protect victims of rape by limiting a defendant’s in-court usage of victim’s prior sexual history

When can a female legally consent to sex?

In modern society, the general rule is that when a female reaches the age of 18, she is considered an adult and capable of entering into binding contracts and giving consent for purposes of engaging in lawful sexual intercourse.

What acts constitute the crime of sodomy?

the unlawful sexual penetration of the anus of one person by the penis of another, committed by use of force or fear; in some states, coercion/force are not needed for it to be considered a crime (meaning consensual penetration can still be charged as a crime)

Explain the rape trauma syndrome.

• PTSD responses in rape victims (rape-trauma syndrome)

  • Stage 1: Acute Disorganization (survivor blames self, experiences rage, feels out of control)

  • Stage 2: Denial (survivor attempts to block out the experience)

  • Stage 3: Long term reorganization (survivor reexperiences stage one, but has more of a stomach for it because of the break provided by stage two; characterized by change)

  • Stage 4: Integration and recovery stage (survivor tends to feel more in control and trust people again; blame the rapist for the rape, not themselves)

Explain how the sexual predator statutes function.

Many states have adopted sexual predator statutes that provide for institutionalization, treatment, registration, or all three for individuals convicted of certain sex crimes.

Sex offenders have to prove that they are not a threat to be released; they also have to register on the Sex Offender Registry

Why is the crime of sexual assault being used in more cases involving rape or involuntary sexual acts?

a desire for more general and less stigmatized language, and a broad understanding of sexual assault encompassing various forms of non-consensual sexual acts.

While rape is a specific form of sexual assault, the term "sexual assault" can be used more broadly to describe a range of behaviors involving unwanted sexual contact or coercion.

Explain the purposes of the sex offender registration and notification act.

SORNA establishes a comprehensive national system for the registration of sex offenders and requires anyone convicted of specified crimes, including aggravated sexual abuse, to register with the national sex offender registry.

Voyeurism

involves the offender’s repeatedly observing unsuspecting people who are naked, in the act of disrobing, or engaging in sexual activity. The voyeur does not desire to engage actively in sexual relations with the person or persons he is observing. The viewing by itself is the preferred or exclusive method of achieving sexual excitement.

These offenders are known as “peeping Toms” by law enforcement agencies.

Mayhem

unlawfully and maliciously depriving a human being of a member of his or her body, or disabling, disfiguring, or rendering useless a member of the body

Assault v Battery

battery is offensive touching, assault is non-physical but still threatening (assault is considered an attempted battery in some states)

Elements of kidnapping

the willful and unlawful seizing, confining, and carrying away of another person by either force, threat of force, fraud, or deception.

Unlawful carrying away = asportation

Explain the two different types of assault.

standard types: (1) the attempted battery and (2) placing a person in fear of a battery by menacing behavior.

Aggravated assault: assault with aggravating circumstances (i.e., attacking a police officer because they’re a police officer)

Elements of false imprisonment

1. The seizing of a person.

2. The confining or restraining of the person.

3. The use of force or threat of force and, in some cases, fraud or deception.

4. The knowledge that the restraint is unlawful.

False imprisonment v kidnapping

Kidnapping requires asportation (movement), false imprisonment does not

What is the purpose of the Victims of Trafficking and Violence Protection Act?

to prevent human trafficking and in part to further protection to immigrant women and children victimized by domestic violence.

Define stalking.

Elements

1. A course of conduct directed at a person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.

2. Knowledge that the victim or his or her family will be placed in fear of injury or death.

3. Acts inducing fear in the victim of injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.

Who is a high-tech stalker?

a stalker that uses the advantages of modern technology to further frighten, harass, surveil and terrify their victims; technology allows stalkers to better protect their anonymity while committing the crime.

Define terrorism.

There is a struggle to define terrorism in state law.

One key factor that distinguishes a terrorist act from traditional crime is the selection of the victims. In terrorist acts, the identity of the victims is not important to the criminal. The message is more important.

larceny v embezzlement

Most of the rules applicable to larceny also apply to embezzlement. The chief difference between the two crimes is that, in the case of embezzlement, the embezzler is entitled to possess the property at the time of the taking, whereas the thief has no right to possess the property in question.

What are the elements of the crime of larceny?

Common law larceny is the trespassory taking and carrying away of the personal property of another with the intent to deprive the other of the property

Explain why real property cannot be the subject of common law larceny.

Explain the modern-day crime of theft.

What constitutes trespassory taking in larceny crimes?

Explain the concept of constructive possession.

What are the elements of the crime of larceny by trick?

Explain the crime of theft by false pretenses.

What constitutes money laundering?

What are the elements of the crime of counterfeiting?