Crim Law 5

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Author:
paul
ID:
23562
Filename:
Crim Law 5
Updated:
2010-06-14 21:24:57
Tags:
Confinement Sex Offenses
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Description:
Crim Law 5 - Confinement & Sex Offenses
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  1. COMMON LAW CONFINEMENT

    FALSE IMPRISONMENT

    1) Elements
    2) Required mental state
    1) ELEMENTS

    • the UNLAWFUL
    • CONFINEMENT of a person
    • without CONSENT

    2) GENERAL INTENT
  2. COMMON LAW CONFINEMENT

    KIDNAPPING

    1) Elements
    2) Required mental state
    3) Aggravated kidnapping
    1) ELEMENTS

    • False imprisonment
    • that involves MOVING the victim or CONCEALING the victim in a secret place

    2) GENERAL INTENT

    3) AGGRAVATED KIDNAPPING—add one of the following

    • purpose is to collect RANSOM
    • purpose is to commit ROBBERY or RAPE
    • victim is a CHILD
  3. NEW YORK CONFINEMENT OFFENSES

    UNLAWFUL IMPRISONMENT

    1) Second degree
    2) First degree
    1) ELEMENTS OF 2ND DEGREE

    • UNLAWFULLY
    • RESTRAINING someone
    • without their CONSENT, and
    • with KNOWLEDGE that the restriction is UNLAWFUL (i.e., mistake of law IS a defense)

    2) ELEMENTS OF 1ST DEGREE

    • Second degree unlawful imprisonment, PLUS
    • risk of SERIOUS PHYSICAL INJURY
  4. NEW YORK CONFINEMENT OFFENSES

    KIDNAPPING

    1) Second degree
    2) First degree
    1) 2ND DEGREE ELEMENTS—Abducting someone

    2) 1ST DEGREE ELEMENTS—2nd degree, PLUS one of the following

    • RANSOM
    • RESTRAINT of victim for more than 12 HOURS with intent to RAPE, injure, or ROB the victim
    • DEATH of the victim
  5. SEX OFFENSES

    FORCIBLE RAPE

    1) Elements
    2) Required mental state
    1) ELEMENTS

    • SEX
    • without the victim's CONSENT
    • accomplished by FORCE, THREAT of force, or when the victim is UNCONSCIOUS

    2) GENERAL INTENT
  6. SEX OFFENSES

    STATUTORY RAPE

    1) Elements
    2) Required mental state
    3) Age of consent?
    1) SEX with someone UNDER AGE OF CONSENT

    2) REQUIRED MENTAL STATE

    • Majority Rule: Strict liability (no mental state required)
    • MPC/Minority: REASONABLE mistake of age IS a defense

    3) NY AGE OF CONSENT = 17

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