Virginia RULES Teens Learn & Live the Law Crimes Against Persons

Lesson Goal: To provide an introductory overview of crimes against persons which involve direct physical harm or force applied to another person. To provide an introductory overview of crimes against persons which involve direct physical harm or force applied to another person.

Students Will Learn: The types of crimes against persons The types of crimes against persons The penalties associated with certain crimes against persons The penalties associated with certain crimes against persons

Crimes Against Persons Crimes against persons involve direct physical harm or force applied to another person. The most serious crime in this category is homicide, but threatening someone and even making someone fearful that he or she will be harmed are also crimes against persons.

Examples Rape Assault with a weapon Malicious wounding Robbery Kidnapping Extortion Stalking Assault and battery Hazing Threatening someone Other crimes against persons include:

Assault and Battery Assault is defined as an attempt or offer, with force and violence, to do some bodily injury to another. You can be charged with assault even if you did not make physical contact with the other person. Battery is defined as actual physical, harmful contact with another. Several different types of assault and battery are recognized in Virginia law. A simple assault, or assault and battery, is an unlawful physical attack by one person upon another. Code of Virginia § (A)) You can also be charged with assault and battery if you are part of a “ mob, ” even if you did not strike the victim during the attack. Code of Virginia §

Malicious Wounding Malicious wounding is a more serious form of assault involving the shooting, stabbing, cutting, or wounding of another person with the intent to maim, disfigure, disable, or kill that person. (Code of Virginia § ) This form of assault is punishable as a Class 3 felony. However, if the same actions result in the victim ’ s permanent and significant physical impairment, the offense is considered aggravated malicious wounding and is punishable as a Class 2 felony. (Code of Virginia § )

Intimidation Intimidation means to make another person fearful of bodily harm by using threatening words and/or other conduct.

Harassment Harassment means to repeatedly annoy or attack a person or group in such a way as to cause anxiety or fear for safety. Several different types of harassment are against Virginia law. It is unlawful to publish a person ’ s name or photograph with identifying information, such as social security number, driver ’ s license number, personal identification number (PIN), credit or debit card number, or address, with the intent to coerce, intimidate, or harass another person. This offense is a Class 1 misdemeanor. (Code of Virginia § ) If the victim is a law enforcement officer, the offense is a Class 6 felony and there is a mandatory minimum term of confinement of six months.

Harassment Prank telephone calls are a form of harassment. The law states: Any person who uses obscene, vulgar, profane, or indecent language or threatens any illegal or immoral act with intent to coerce, intimidate, or harass any person on a telephone or through a text message is guilty of a Class 1 misdemeanor. (Code of Virginia § ) It is a Class 1 misdemeanor to sell or send pictures of another person, who is naked, with the intent to harass that person. (Code of Virginia § ) If a person calls, pages or texts another person with the intent to annoy that person, both the person making the call and any other person who allows use of his/her telephone are guilty of a Class 3 misdemeanor. (Code of Virginia § ) Forms of Harassment, cont.

Harassment It is also illegal to harass someone using a computer or computer network. If a person has intent to coerce, intimidate, or harass and communicates obscene or indecent language or threatens an illegal or immoral act, the person is guilty of a Class 1 misdemeanor. (Code of Virginia § :1) Forms of Harassment, cont.

Extortion Extortion means obtaining money or property from another person by using or threatening to use violence or other criminal means to cause harm to a person, or by threatening harm to that person ’ s reputation, or that person ’ s property. Extortion is a Class 5 felony. (Code of Virginia § ) Extortion can also involve threats to accuse someone of committing an offense, and thereby obtaining money or property from that person.

Hate Crimes Hate Crimes are crimes motivated by the offender ’ s bias. Determining the offender ’ s motivation is difficult unless the offender admits that his or her actions were motivated by bias against race, religious conviction, color, or national origin. It is important to recognize that penalties for some crimes are increased when it is determined that the offense was motivated by such bias.

Hate Crimes Hate crimes are defined in Virginia law as: (i) A criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, or ethnic origin or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of this Commonwealth or of the United States (ii) Any illegal act directed against any persons or their property because of their race, religion, or national origin, and (iii) All other incidents, as determined by law enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, or national origin. (Code of Virginia § (C)) Virginia law requires law enforcement agencies to report all hate crimes to the Virginia State Police. In 2008, 337 hate crime offenses were reported; 35.9 percent of these were assault offenses; and 41.2 percent were vandalism / damage of property offenses. Hate crimes definition, cont.

Hazing Hazing means to endanger the health or safety of a student or students or to inflict bodily injury on a student or students, either recklessly or intentionally, in connection with or as part of initiation or admission into a club, organization, association, fraternity, sorority, or student body. It also applies to activities that act as a condition for continued membership in these organizations. It does not matter whether the student or students so endangered or injured participated voluntarily in the relevant activity. Someone found guilty of hazing is guilty of a Class 1 misdemeanor. (Code of Virginia § ) In addition, someone who receives bodily injury from hazing has the right to sue the person or persons found guilty of hazing in civil court. In addition to criminal and civil penalties, any student who commits hazing is subject to disciplinary sanctions at his/her school, college, or university. The student may be expelled or subject to other disciplinary action. (Code of Virginia § ) Furthermore, school boards are required to include rules against hazing in their codes of student conduct. (Code of Virginia § (B))

Bullying Bullying is not considered a crime by law, however the acts that are most often associated with bullying are criminal offenses. These include: Threat Harassment Extortion Assault and battery Robbery Hazing The seriousness of bullying is recognized in Virginia law, which requires school boards to include rules against bullying, hazing, and the use of profane or obscene language or conduct in their codes of student conduct. (Code of Virginia § (B))

Review Activity Refer students to the Activity Handout Crimes Against Persons Review.

Review and Recap The types of crimes against persons. The penalties associated with certain crimes against persons. You have learned: