CRIMINAL LAW

Card Set Information

Author:
BlasterGirl
ID:
160905
Filename:
CRIMINAL LAW
Updated:
2012-07-04 01:10:31
Tags:
Crimes Against Person
Folders:

Description:
Crim Law Rape False Imprisonment Kidnapping
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  1. What are the elements of rape?
    What are the defenses to rape?
    • AR:     Sexual intercourse by force or threat of force without consent.
    • MR:     General intent (>=negligence) regarding consent

    Defenses: A reasonable mistake as to consent exculpates
  2. What are the elements of statutory rape?
    What are the defenses to statutory rape? 
    • AR:     Sex with a minor (defined by state law)
    • MR:     None (strict liability)

    Defenses: Mistake to age is NOT a defense! 
  3. What are the elements of False Imprisonment?
    • AR:     Unlawful confinement of victim against their will.
    • MR:     General intent (>=negligence) 
  4. What are the elements of Kidnapping?
    • AR:     Movement (asporation) of victim
    • MR:     General intent (>=negligence) regarding consent to be moved.

    Note: Some courts require movement beyond the crime being committed to other crimes, such as robbery or rape.

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