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

Assault: an unlawful threatened or attempted battery.  Assault is when one attempts to injure another OR threatens/frightens to injure another with the present ability to do so.

Battery: an unlawful, unjustified or offensive touching of another person

Elements of assault

1. An unlawful or threatened attempt

2. With apparent present ability

3. To injure another person

Elements of battery

1. An unlawful and willful

2. Use of offensive touching, violence or force (no matter how slight)

Present ability: the accused must be in a position to carry out the threatened battery immediately AND the threat of harm must be obvious.

Bodily injury: unlawful application of force of a physical nature upon the victim

Matt calls Lily, who is 30 miles away, and tells Lily he’s mad at her and he's going to beat her up. Matt can be charged with assault. FALSE

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

According to the video about Lawrence Singleton committing mayhem, among other crimes, against Mary Vincent, how much time did he serve in prison for those offenses? 8 years

According to the video about Lorena and John Wayne Bobbitt, what caused Lorena’s attack? Repeated domestic violence 

State of California Penal Code: An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another

Do you think all states should have separate statutes for assault and battery, like California, or combine them under assault statutes like Connecticut? Separate them

Kidnapping: the unlawful and willful seizure and confinement of another person against their will by use of force, threat, fraud, or deception

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

The Lindbergh baby kidnapper was tracked down initially through the use of gold certificates

The Lindbergh case resulted in a law passed by Congress nicknamed “The Lindbergh Law” that allowed federal authorities jurisdiction in state cases that crossed state lines

Types of kidnapping

1. Forcible kidnapping

2. Kidnapping with lascivious/lewd intent

3. Kidnapping with the intent to take out of a state

4. Kidnapping by non-custodial parent

According to the video about the Cleveland kidnapping case, the defendant, Ariel Castro was sentenced to life + 1000 years

For how many years was Jaycee Dugard held captive: 18 years

False Imprisonment: the lawful violation of the personal liberty of another 

Elements of False Imprisonment

1. The unlawful seizing a person

2. The confinement and or restraint of that person

3. By the use of force, threat of force, deception or fraud

According to the video about Rebecca Shaeffer, which state was the first to enact laws regarding stalking? California

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 or 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