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Criminal Law Ch 10
Criminal Law Final
| Term | Definition |
|---|---|
| Elements of Common Law Rape | 1. sexual intercourse by force or threat of severe bodily harm(actus reus) 2. intentional vaginal intercourse(mens rea) 3. intercourse b/w man & woman who wasn't his wife (att. circum.) 4. intercource w/out woman's consent (att. circum.) |
| Common Law Corroboration Rule | prosecution must prove rape by the testimony of a witness other than the victim (in addition to the victim) |
| Common Law Prompt-Reporting Rule | rape victim must report the rape soon after it occurs |
| Common Law Chastity Rule | any evidence of past sexual conduct of the victim was admissible as evidence |
| Modern Rape | intentional sexual penetration by force without consent Either First-degree (aggravated) rape of Second-degree rape |
| Elements of Modern Rape | 1. Actus Reus- sexual penetration by force or threat of force 2. Mens Rea-intentional sexual penetration 3. Circumstance- non-consent by the victim |
| First-Degree (Aggravated) Rape | involves at least 1 of the following:1.victim suffers serious bodily injury 2.a stranger commits the rape 3.occurs in connection w/ another crime 4. defendant is armed 5. defendant has accomplices 6. victim is minor and defendant is several years older |
| Rape Actus Reus- resistance | resistance is an implied requirement of lack of consent; either extrinsic-act of force in addition to muscular movement needed to complete penetration; Intrinsic- requires only the amount of physical effort necessary to accomplish penetration |
| Statutory Rape | sexual intercourse with minors; non-consent is not an element of the crime; non-consent is NOT a defense; it is a STRICT LIABILITY crime. |
| Battery | unwanted and unjustified offensive touching; requires some injury (includes minor injuries(generally misdemeanors) serious injuries often are treated as felonies) |
| Assault | either an attempted battery of a threatened battery (requires no physical contact) |
| Elements of Batter | 1. Actus reus-unlawful touching 2. Mens rea-purpose to unlawful touch 3. Concurrence- without consent of victim 4. Causation- that causes 5. Bad Result- some bodily injury |
| Attempted Battery Assault | consists of having specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt |
| Threatened Battery Assault | requires only that the defendant intended to frighten the victim (also called Intentional Scaring)- The Causation is Fear |
| Elements of Assault | 1. Actus reus- substantial steps toward completing a battery; or Voluntary acts that frighten 2. Mens rea-intent to commit a battery; or intent to frighten 3. Causation- that causes 4. Bad Result-fear in the victim |
| Stalking | involves intentionally scaring another person by following, tormenting, or harassing them |
| Elements of Stalking | Actus reus+Mens rea+ bad result (fear) |
| Actus Reus of Stalking | 1.repeatedly(requires the act to happen more than once) 2. Proximity (requires act maintaining a visual or physical proximity) 3. Threat (requires verbal or written threat or threats implied by conduct) |
| Mens Rea of Stalking | 1.requires specific intent to commit the act of stalking 2. requires some mental attitude causing the bad result |
| Stalking Bad Result | 1. Subjective Fear- acts induce fear in the specific person 2. Objective Fear- acts would cause a reasonable person to fear |
| Kidnapping | taking and carrying away another person with the intent to deprive that person of personal liberty |
| Elements of Kidnapping | 1. Seizing another person- actus reaus 2. carrying away that person (asportation)- actus reus 3. intent to confine or restrain-mens rea 4. with the intent to deprive the other person of liberty-mens rea 5. w/out consent-Circumstance |
| False Imprisonment | consists of intentionally confining or restraining another person without consent (lack of asportation) |
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