Test three Notes review

Test three Notes review - Test three Notes Chapter 9:...

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Unformatted text preview: Test three Notes Chapter 9: Personal Crime--------------------------------- Assault • An attempted or threatened battery • An unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. • The act of intentionally frightening another person into fearing immediate bodily harm. Placing another in a state of fear • A threatened battery-type of assault • placing of another in a fear of imminent injury • Also known in some jurisdictions as intentional-frightening assault. • Requires that the defendant intends to create fear of imminent injury in he victim • Requires an overt act • Example: “ I am going to kill you” while pointing a gun at the intended victim. Aggravated Assaults • An assault that is committed with the intention of committing a addition crime such as assault with intent to commit a felony. • Assault with intent to murder • Assault with intent to commit rape, sodomy, mayhem, robbery, or grand larceny • Assault with intent to commit any other felony • Also an assault that involves special circumstances specified by law. Anti-Stalking Statutes • Stalking is the intentional frightening of another through following, harassing, annoying, tormenting, or terrorizing activities. • Statues include terms such as: ◦ Harasses ◦ Credible threat Battery • The willful and unlawful use of force, violence, or offensive contact against the person of another. Battery doctrine • Transferred intent ◦ A legal construction by which an unintended act that results from intentional action undertaken in the commission of a crime may also be illegal. • Constructive touching ◦ A touching that inferred or implied from prevailing circumstances ◦ A touching for purposes of the law. • Sexual Battery ◦ unlawful touching of an intimate part of another Effective Consent • Legal consent Mayhem • To constitute mayhem, the injury must be serious and permanent. • Mayhem includes disfigurement • In most jurisdictions, mayhem requires an intent to cause ◦ Injury to the victim or ◦ Death to the victim • Examples: cutting the tongue Elements of Rape • Sexual intercourse with a person not the spouse of the perpetrator • Through force, the threat of force or by guile, and without the lawful consent of the victim. Lawful Consent • Lawful consent can be lacking under any of the following circumstances ◦ use of force ◦ use of threats ◦ intercourse with a unconscious or mentally ill person Statutory rape • Strict liability crime Rape shield laws • Statutes intended to protect victims of rape by limiting a defendants in-court use of a victims sexual history.victims sexual history....
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This note was uploaded on 11/08/2009 for the course CJUS 3166 taught by Professor Dr.holt during the Spring '09 term at UNC Charlotte.

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Test three Notes review - Test three Notes Chapter 9:...

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