Contemprorary Criminal Law Lippman Ch 11-12-13-15

The elements of false imprisonment are

-An unlawful restraint by one person -Of another person's freedom of movement -Without the victim's consent or without legal justification

Three elements of Kidnapping

-An unlawful taking and carrying away Of a human being -By force, fraud, threats, or intimidation -And against the person's will

Three elements of crime of rape are

-Sexual intercourse with a person who is not the spouse of the perpetrator -Through force, through the threat of force, or by guile -And without the lawful consent of the victim

Robbery

-Taking of another persons property in that persons presence -Confrontational: Force or threat of force -Victim has to realize what is going on Ex: Sticking a gun in someones side and demanding the $100 she just withdrew from the ATM machine

Battery has three elements

-The willful and unlawful -Use of force, violence, or offensive contact -Against the person of another

Embezzlement

-Violation of trust -Trusting someone with your property and they convert it to their own use

Constructive touching

-a touching that is inferred or implied from prevailing circumstances. -Also a touching for purposes of the law

Rape Trauma Syndrome

A condition observed in some rape victims in which the victim develops phobias and physical problems as a result of having been raped.

Rape shield law

A statute intended to protect victims of rape by limiting a defendant's in court use of a victim's sexual history

Megan's Law

A statute that has been enacted in all 50 states that requires community notification by authorities when a convicted sex offender is released from prison.

Obscenity

An extremely offensive word or expression

Extortion

Another way to get something from someone: Threat is a future harm: "If you don't give me the money now I'm going to spread "X" about you" -Not always a physical harm or threat to you -The person may threaten to harm someone close to you or ruin your life through emotional means

Child Molestation

Any sexual conduct by an adult with a child.

Mayhem

Battery that causes great bodily harm

theft

Crimes of _______ include larceny, extortion, embezzlement, false pretences, robbery, and the receiving of stolen property.

False Pretenses

Deceiving someone into giving up ownership of your property

Negligence standard

If offender had a true belief the victim consented- there is no rape

forgery

Making a fake document with intent to commit a fraud

Pornography

Printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic rather than aesthetic or emotional feelings.

Crimes against public order

Quality of life crimes: Public drinking, aggressive panhandling, harassment, graffiti, and vandalism, and street prostitution, among others

Forcible rape

Rape that is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim

Fornication

Sexual intercourse between people not married to each other.

Reckless standard

The defendant has to be aware there was a risk the victim did not consent and disregarded that risk

Cohabitation

The state of living together and having a sexual relationship without being married.

Shoplifting

The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one's personal use and without having paid the purchase price.

Extortion (blackmail)

To compel, force. Or coerce, to get something by illegal threats of harm to person, property, or reputation

Rape

Under common law, unlawful sexual intercourse with a female without her consent

Battery

Unlawful physical violence inflicted on another without his or her consent. -An intentional and offensive touching or wrongful physical contact with another, without consent, that results in some injury or offends or causes discomfort.

Aggravated battery

a battery that is committed with the use of a deadly weapon, that is committed with the intention of committing another crime, or that results in serious injury

Criminal sexual conduct

a gender-neutral term that is applied today to a wide variety of sex offenses, including rape, sodomy, criminal sexual conduct with children, and deviate sexual behavior.

criminal mischief

a species of willful and malicious injury to property made punishable by statutes in most jurisdictions.

corroboration rule

abolished by many states an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim

Order

acting according to ordinary people's standard of "good manner"

Domestic Violence

all acts of physical, sexual, psychological or economic violence" that may be committed by a family member or intimate partner

Aggravated Assault

an assault that is committed with the intention of committing an additional crime, such as assault with intent to commit a felony, assault with intent to murder, assault with intent to rape, etc

Assault

as the threat of bodily harm that reasonably causes fear of harm in the victim

Present Ability

as used in assault statutes, a term meaning that the person attempting assault is physically capable of immediately carrying it out.

Assault

attempted or threatened battery. A willful attempt or willful threat to inflict injury on another person. Also the act of intentionally frightening another person into fearing immediate bodily harm. "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"

Receiving stolen property

benefiting from the theft of someone else's property without having participated in the wrongful acquisition in the first place Ex: Buying a new notebook computer for $75 that you know is stolen

burglary

breaking and entering by night into a dwelling house with the intent to commit a felony inside

prostitution

engaging in sex in exchange for money

trespass

entering or surreptitiously remaining in a building or occupied structure, or separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so.

Intellectual property

ideas and their practical application owned by an individual, business, or a society

Computer crime

is a type of crime that employs computer technology as central to its commission.

uttering

is the offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with the intent to defraud.

unarmed acquaintance rape

nonconsensual sex between individuals who are known to one another

Bodily Injury

physical harm to a human being. In cases of assault and battery, the term refers to the unlawful application of physical force on the person of the victim - even when no actual physical harm results.

reasonable resistance rule

provides that the amount of force required to repel rapists shows non consent in rape prosecutions

Aggravated Rape

rape by strangers or individuals with weapons who physically injure their victims

Intrinsic force

requires only the amount of force necessary to accomplish the penetration

Extrinsic force

requires some physical effort in addition to the amount needed to accomplish the penetration

Statutory rape

sexual intercourse, whether consensual or not, with a person under age of consent, as specified by statute.

burning

some consuming of the material of a house (it must be present to constitute the traditional crime of arson

Identity Theft

stealing another persons identity for the purpose of getting something of value

Larceny

taking and carrying away a person's property without the use of force and with the intent to permanently deprive the owner of possession

Battery

the actual physical impact on another person

arson

the crime of purposely setting fire to a house or other building

loitering

the crime of remaining in one place with no apparent purpose

curtilage

the enclosed space of ground and buildings immediately surrounding a dwelling house.

dwelling

the house or other structure in which a person or persons live

malicious mischief

the intentional and unlawful injury to or destruction of the property of another with the malicious intent to injure the owner

Stalking

the intentional frightening of another through following, harassing, annoying, tormenting or terrorizing activities. Stalking also extends into cyberspace

Theft

the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently Actus Reus: Taking Mens Rea: Purposefully, Intentionally, Thought of permanently depriving Example: Sneaking away with an ipad left unattended

wire tapping

the practice of connecting a listening device to a telephone line to secretly monitor a conversation.

Broken windows theory

the theory that minor offenses or disorderly conduct can lead to a rise in serious crime

Kidnapping

the unlawful removal of a person from the place where he or she is found, against that person's will,and through the use of force,fraud,threats, or some other form of intimidation.

Sexual battery

the unlawful touching of an intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse

Criminal Trespass

the unwanted, unauthorized, invasion of another persons property Degrees: 1) Misdemeanor entering or remaining in an occupied dwelling at night 2) Petty misdemeanor entering or remaining in any occupied building or structure 3) Violation entering or remaining in any place where a "no trespass" notice is given Ex: Entering your neighbors yard where a "no trespassing" sign is posted

Cyberstalking

the use of the internet, email, or other electronic communication devices to stalk another person through threatening behavior

breaking and entering

unlawful entry; must be without consent and must breach a threshold

vandalism

willful and malicious acts committed with the intent to damage or destroy property of another.