crim8
Terms
undefined, object
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- Define kidnapping
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Kidnapping is the willful and unlawful seizing, confining, and carrying away of another person by either, force, threat of force, fraud or deception.
Elements:
1)The seizing of a person
2)The confining or restraining of the person
3)The unlawful carrying away (asporting) of the person
4) The use of force, or, in ceetain cases, fraud or deception.
5) The knowledge that the movement of the victim was unlawful. - What is the movement requirement in kidnapping?
- Movement has to be substantial rather than light.
- What is the other name for movement in kidnapping?
- asportation
- Test to determine if the movement requirement has been met.
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1) Was the movement by compulsion?
2) Was the movement substantial? - Hoe does consent relate to kidnapping?
- If the person initially consents to the movement, but the consent was obtained by fraud there is no kidnapping.
- What is the M.P.C. definition of kidnapping?
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A person is guilty of kidnapping if he unlawfully removes antoehr from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines antoehr for a substantial period in a place of isolation, with any of the following purposes:
1)to hold for ransom or reward, or as a shield or hostage
2)to facilitate the commision of any felony for flight thereafter
3)to inflict bodily injury on or to terrorize the victim of another
4)to interfere with the performance of any governmental or political function. - Define false imprisonment.
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The unlawful violation of the personal liberty of another.
Elements:
1)The seizing of a person
2)The confining or restraining of the person
3)The use of force or threat and, in some cases, fraud or deception
4)The knowledge that the restraint is unlawful - Define stalking.
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A course of conduct that causes a reasonable person to fear bodily injury or death for him or herself or members of his or her family.
Elements:
1)A course of conduct directed at a person that would cause a reasonable person to fear bodily injury to himself 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 - Define battery.
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The unlawful, willful, and offenseive touching of the person of another.
Elements:
1)The willful and unlawful
2)Use of force or violence
3)Agaisnt the person of another - What is the test to determine if touching was offensive in battery?
- Whether a reasonable person would consider the touching offensive.
- How is consent a defense to battery?
- Consent may be a defense to battery as long as the contact is not unlawful.
- Define assualt.
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An attempt to injure the person of another or to frighten without actual injury.
Elements:
Assault (attempted type battery)
1)An unlawful attempt
2)With apparent present ability
3)To commit an injury to the person of another
Assualted (threatened battery type)
1)A threat
2)With apparent present ability
3)To commit an injury to the person of another - Define mayhem.
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Unlawfully and maliciously depriving a human being of a member of his body, or disablong, disfiguring, or rendering useless a member of the body.
Elements:
1)An unlawful battery
2)Malicious infliction of or attempt to inflict violent injury
3)The result of depriving a person or a member of his body, or disabling, disfiguring, or rendering it useless, or cutting or disabling of the tongue, or putting out an eye, or slitting the nose, ear, or lip