Chapter 12, Legal Terminology

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Dangerous weapon OR deadly weapon

An item that is, from the way it is used, capable of causing death or serious bodily injury.

Restraining order

An order forbidding a person from doing a particular act.

Convicted

Found guilty.

Carnal knowledge

The slightest penetration of the sexual organ of the woman by the sexual organ of the man.

Lesser included offense

A crime that contains some, but not all, elements of a greater offense, making it impossible to commit the greater offense without also committing the lesser offense. Can't be convicted for both.

Dwelling house

A house in which the occupier and their family usually reside and includes all outbuildings within the curtilage, such as a garage or other outbuilding.

Aggravated assault

An assault committed with the intention of committing some additional crime.

Assault

An attempt to commit battery. In tort law: it's putting someone in fear of an unlawful touching.

Threat of force

An intimidation, or putting in fear, that is equivalent to force and will replace the force requirement.

Attempted arson

Attempting to commit the crime of arson but falling short of its commission. Also a punishable offense.

Statutory burglary

Crimes that are similar to, but not included in, the common law crime of burglary.

Rape shield laws

Help prevent rape victims from being re-victimized, by prohibiting a defendant from using the victim's sexual history as evidence against her own testimony, with limited exceptions.

Statutory arson

Other forms of arson added by statutes, such as burning of a building other than a dwelling house and the burning of one's own house to collect insurance.

Summarily

Quickly

Statutory rape

Sexual intercourse with a child under the age set by the particular state statute, regardless of whether the child consented or not.

Domestic violence

The abuse of a closely related person such as a present or former spouse or cohabitant.

Battery

The actual contact or touching of another without permission or privilege. I tort law: it's unlawful touching.

Curtilage

The enclosed space of ground and buildings immediately surrounding a dwelling house, sometimes enclosed by a fence or a wall.

Robbery

The exertion of force (or threat) against another to steal personal property from that person against their will.

Breaking

The forced entry of a secured dwelling house, that which is the security against intrusion.

Arson

The willful and malicious burning of the dwelling house of another.

Maim

To cripple or mutilate in any way.

Rape

Under common law, it is the unlawful, forcible carnal knowledge by a man of a woman, against her will, or without her consent.

Burglary

Under common law, it's the breaking and entering of a dwelling house of another, in the nighttime, with intent to commit a felony.

Sexual assault

Unwanted sexual contact.

Cyber-bullying

Using the Internet to malign or threaten someone.

Cyber-stalking

Using the Internet to put another person in fear for their, or their loved ones', safety or life.

Cyber-harassment

Using the Internet to repeatedly interfere with someone's life.

Mayhem

Violently depriving others of the use of such members as may render them less able in fighting, either to defend themselves or to annoy their adversary.

Stalking

Willful, malicious, and repeated following, harassing, and threatening of another person, intending to place the person in fear of death or serious bodily injury.


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