Chapter 9

Crimes Against the Person

Crimes Against the Person• The most serious Crime against a person is

Homicide. Homicide is taking another person’s life.

• Criminal Homicide involves intent (a plan) as well extreme recklessness that results in the death of another person.

• A person who throws a drink out of a moving car and that drink blinds the driver of another car……and that car hits and kills a pedestrian….then the person who threw the drink is guilty of criminal homicide.

Noncriminal Homicide

• Noncriminal Homicide is sometimes called justifiable. Protecting your life with a gun against a robber, a soldier in battle etc. will not be prosecuted.

Criminal Homicide:

• Murder is killing that is done with malice. Malice means hate. Legally it means the intention to kill or seriously harm another.

• First-degree Murder- premeditated killing. The plan or intent to kill can happen very close to the time of the event. For example, you get in an argument with your neighbor, you go into the house and get a knife, you return to cut his throat.

• 2) Felony Murder is a murder that takes place while committing a felony. You are committing arson without knowing a homeless man is sleeping in the building you are burning.

• 3) Second-degree murder is done without premeditation. The murder is intentional but spontaneous. This would be like getting in an argument with your spouse and then shooting them.

• 4) Voluntary Manslaughter is a killing that has taken place after the victim did something that would make an ordinary person lose control. It must occur immediately after the event so that there was no “cool down” period. You catch your spouse cheating on you and then kill the person he/she is having the affair with.

• 5) Involuntary Manslaughter killing without having the intent to kill. It is usually extremely reckless behavior like playing with a loaded gun.

• 6) Negligent Homicide occurs when the person fails to take reasonable care in some given situation. This would be not putting a sign on a broken elevator or drinking and driving.

Assault and Battery• Assault is any attempt or threat to carry out a physical

attack on another person.

• Battery is any unlawful physical contact inflicted without consent.

• Actual injury is not necessary. The intent on the part of the attacker or the reasonable fear on the part of the victim is all that is needed.

• There are varying degrees of assault and battery. Assault with intent to rob and assault with intent to murder will be prosecuted differently. Aggravated battery is when serious injury is inflicted on the victim.

Stalking

• Stalking occurs when a person repeatedly follows or harasses another person and makes threats which cause the victim to feel death or bodily injury.

Sexual Assault

• Sexual Assault includes verbal threats of a sexual nature as well as sexual contact. The unwanted contact may include grabbing, fondling, or other intentional contact of a sexual nature.

Rape• Rape is sexual intercourse without consent.

There can be no consent if the victim is unconscious or otherwise too impaired to exercise good judgment.

• Minors are not able to give consent.• People with certain mental handicaps

may not be able to give consent.

• Aggravated Rape occurs when the assailant uses a weapon.

Consent

• The age of consent in Georgia is 16 as specified by Section 16.6.3 of the Criminal Code of Georgia.

• Also stated in the Criminal Code of Georgia 16.6.3 subsection (c), if a person is "at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

• Mistake as to age is no defense for sexual assault, but it is a defense to corruption of minors. If the offender knows the age of the minor, there is no defense.

§ 6301.  Corruption of Minors

• (a) Offense defined.-Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, is guilty of a misdemeanor of the first degree.

• The maximum sentence for statutory rape is 10 years. Corruption of minors does not require registration as a sex offender, but the conviction looks bad on criminal background checks.

• Parents don’t necessarily make the accusation. The state is responsible for the protection of minors.

• Once authorities are made aware the authorities can pull email, texts and facebook records to establish the relationship in the prosecution. This is where phone calls, emails, and facebook can come into play. The State is obligated to investigate.

Statutory• Statutory Rape : Laws vary by state. The age

on consent may be as young as 12 or 16 (Ga.) Statutory is rape between an adult and a minor. A minor is under the age of 18.

• Shield Laws protect the identity of the victim. In rape cases, previous sexual behavior cannot be introduced into court.– Why are they necessary?