Crimes Against Persons Crimes Against Persons Part TwoPart Two

BatteryAssaultMayhemTortureKidnappingFalse Imprisonment

Copyright, 2000 Charles L. Feer

BatteryBatteryAny willful and unlawful use of force or

violence upon another person. _ Willful – Intended– Unlawful

Not privileged– Use of Force– Harmful or offensive touching– Person of Another– Person or immediate presence

AssaultAssaultA threatened Battery.

– Threat– Victim knows of the threat– Present ability to commit Battery– Physically possible– Actor’s actual intent not important– Victim’s perception– Likelihood of success– Actual victim harm not required

Aggravated vs. SimpleAggravated vs. Simple

– Aggravated (Felony)– Use of force likely to produce death or

serious injury.– Battery with intent to commit other serious

crimes.– Simple (Misdemeanor) – Not involving serious use of force

MayhemMayhem– Aggravated form of Battery– Results in maiming or dismemberment– Disability and Disfigurement– “Permanent” determined by the injury– Malice required– Committed with a wish to injure– Aggravated Mayhem– Specific intent to cause permanent disability,

disfigurement or deprive someone of limb or organ.

TortureTorture

– Infliction of great bodily injury with intent to cause cruel or extreme pain and suffering.

– For the purposes of revenge, extortion, persuasion or for any sadistic purpose.

– Not necessary to prove victim actually suffered pain.

KidnappingKidnapping

– Restraint of liberty of the victimGeneral Intent

– Asportation of the victim Movement must be substantial (not incidental to another crime)

Aggravated KidnappingAggravated Kidnapping

– Kidnapping for ransom, reward or extortion, or robbery and kidnapping during carjacking does not require asportation.

Parental KidnappingParental Kidnapping– Taking or concealing of a child by one

parent with intent to deprive the other parent of right to custody or visitation.

– Child Stealing: Malicious taking, detaining, concealing or enticing away of a minor child by a person not having a right to custody of a child with intent to conceal the child.

False ImprisonmentFalse Imprisonment– Unlawful confinement of another

person.(Kidnapping without asportation.)

– Confinement Deprivation of another’s freedom

– Lesser included offense of Kidnapping.