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Criminal Law Ch 10

Criminal Law Final

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)
Created by: 763668857
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