Criminal Law for the Criminal Justice Professional Norman M. Garland Fourth Edition Chapter 9 ©McGraw-Hill Education. All rights reserved. Authorized only for instructor use in the classroom.  No reproduction or further distribution permitted without the prior written consent of McGraw-Hill Education.

Crimes against Persons: Other Offenses 9.1 Physical crimes 9.2 Sex crimes 9.3 Crimes against the person in the home 9.4 False imprisonment and kidnapping Chapter 9 Crimes against Persons: Other Offenses

Chapter Objectives State the elements of battery List the elements of assault State the elements of mayhem List the essential elements of robbery State the elements of rape, and explain the difference between rape and statutory rape Describe Megan’s Law Define child abuse Distinguish between the elements of false imprisonment and kidnapping

9.1 Physical Crimes Battery Assault Mayhem Robbery

Battery Elements of battery Actor’s conduct Actor’s mental state Harm done to the victim Defendant is culpable for battery if he or she possesses the intent to inflict injury by touching the victim Battery A misdemeanor consisting of the unlawful application of force that actually and intentionally causes the touching of another person against his or her will

Battery (continued) For a defendant to be guilty of battery, he or she must: Intend to cause harmful or offensive touching Cause such a result to the victim Aggravated battery A battery accompanied by an intent to kill or rape–thus, usually a specific intent crime. A felony in many states

Assault Attempted battery Intentional frightening Actor intends to commit a battery Intentional frightening Any conduct designed to frighten another Assault A misdemeanor consisting of either an attempted battery or an intentional frightening of another person

Assault (continued) Conditional assault Aggravated assault An assault in which the actor threatens harm only under certain conditions, such as the failure of the victim to act in a certain way demanded by the actor Aggravated assault Assault with intent to kill, rob, or rape, or assault with specified deadly weapons. A felony in most states

Mayhem Mayhem The felony of assault with intent to maim Law of mayhem in the United States developed to protect the physical integrity of the person Elements of the crime of mayhem are subject to variation

Mayhem (continued) Actus reus requirement of mayhem is that the defendant cause bodily injury that permanently dismembers, disables, or disfigures the victim Dismemberment Disablement Disfigurement

Robbery Taking of property Taking and carrying away of property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession Robbery The taking of property by the use of force or fear, where the property is taken either from the person of the victim or in his or her immediate presence

Robbery (continued 1) Taking from a person Intent to deprive the owner Crime requires the property be taken either from the person or from the person’s immediate presence Intent to deprive the owner Intent to deprive the owner temporarily is enough to create criminal liability

Robbery (continued 2) Use of force or fear Primary distinction between robbery and larceny MPC and some states define robbery as using force or fear at any time during the attempt or commission of theft, including the escape after committing the theft

Robbery (continued 3) Armed robbery Robbing the elderly Armed robbery Minimum punishment for robbing the elderly is considerably greater in Georgia Armed robbery Robbery accomplished by means of a dangerous or deadly weapon; often classified as robbery in the first degree or aggravated robbery

Application Case 9.1 People v. Keenan

9.2 Sex Crimes Rape Statutory rape Spousal rape Child molestation

Rape Sexual intercourse committed: Forcibly By means of deception Rape While the victim was asleep or unconscious While the victim was not competent to give consent Rape A felony defined as “the carnal knowledge of a woman forcibly and against her will”

Rape (continued) Rapes that are the product of nonconsent are punishable as rape but receive lesser penalty Defendant does not need a specific intent to have nonconsensual sex to be guilty of rape

Rape and the Law Traditionally defines a male as the perpetrator and a female as the victim Some states expanded rape statutes to provide for same-sex rape and rape by a female against a male Rape shield statutes provide rape victims protection of their privacy

Statutory Rape Many states divide statutory rape offenses into two categories Statutory rape involving a very young girl Cases involving girls in their late teens Statutory rape A form of rape involving sexual intercourse between an adult and a child, usually between the ages of 13 and 17

Spousal Rape Dealing with rape victims Rape victim should be treated with sensitivity, compassion, and respect Spousal rape Nonconsensual sex between a woman and her husband, ex-husband, or partner 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

Child Molestation Adult is guilty of child molestation if he or she: Any sexual conduct by an adult with a child Adult is guilty of child molestation if he or she: Exposes the genitals to a child Has a child touch the perpetrator’s genitals Removes the child’s clothing Takes nude pictures of a child Has a child touch the perpetrator in an inappropriate fashion

Child Molestation (continued) Sexual abuse of children often goes undetected or unreported Recidivist nature of the offender is a serious issue in dealing with sexual abuse of children 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

Figure 9.1: Wyoming Statute on Sexual Assault 6-2-302. Sexual assault in the first degree. (a) Any actor who inflicts sexual intrusion on a victim commits a sexual assault in the first degree if: (i) The actor causes submission of the victim through the actual application, reasonably calculated to cause submission of the victim, of physical force or forcible confinement; (ii) The actor causes submission of the victim by threat of death, serious bodily injury, extreme physical pain or kidnapping to be inflicted on anyone and the victim reasonably believes that the actor has the present ability to execute these threats; (iii) The victim is physically helpless, and the actor knows or reasonably should know that the victim is physically helpless and that the victim has not consented; or (iv) The actor knows or reasonably should know that the victim through a mental illness, mental deficiency or developmental disability is incapable of appraising the nature of the victim’s conduct. SOURCE: http://legisweb.state.wy.us/statutes/compress/title06.doc.

9.3 Crimes against the Person in the Home Criminal abortion Roe v. Wade (1973) Criminal abortion is different from legal abortion Involves feticide Criminal abortion The artificially induced expulsion of a fetus by illegal means, such as spousal abuse Viability The point at which a fetus can reasonably live outside its mother’s womb, with or without artificial support

Application Cases (continued 1) 9.2 Rusk v. State 9.3 Buckey v. County of Los Angeles

Child Abuse Often takes place in the home Types Neglect Physical abuse Sexual abuse Emotional maltreatment Child abuse An intentional or neglectful physical or emotional injury imposed on a child, including sexual molestation

Child Abuse (continued) Physical abuse Involves hitting, striking, beating, or injuring the child by direct or indirect physical force Sexual abuse Includes rape and child molestation Emotional maltreatment Verbal abuse, which may include berating the child for his or her appearance, intelligence, or what a disappointment he or she is

Neglect Can take various forms Denying a child proper nutrition Failing to enroll a child at school Leaving a young child alone Residing with a child in an unsanitary home Social worker who visits the home and discovers the situation will most likely remove the children from the home

Battered Child Syndrome A clinical condition suffered by young children who have been the victims of prolonged serious physical abuse Components Clinical manifestations Psychiatric aspects Courts rarely allow psychological explanation as a defense to criminal acts perpetrated by the abused person as a justification for killing the abuser

Spousal Abuse Battering cycle Phase one Spousal abuse Phase two Tension-building stage Phase two Acute battering incident Phase three Abuser regrets his actions and promises to get help in stopping the abuse Spousal abuse Long-term physical abuse by the victim’s spouse or partner Battered woman syndrome A defense in many jurisdictions in which the victim of abuse eventually “snaps” and kills the abuser

Elder Abuse Usually occurs in the home Perpetrators are frequently the victim’s spouse or children Elder abuse The abuse, neglect, or financial exploitation of elderly persons

Application Cases (continued 2) 9.4 State v. Horne 9.5 State v. Williams

Figure 9.2: Tennessee Criminal Abortion Statute 39-15-201. Criminal abortion and attempt to procure miscarriage; lawful abortion; distinguished. (a) For the purpose of this section: (1) “Abortion” means the administration to any woman pregnant with child, whether the child be quick or not, of any medicine, drug, or substance whatever, or the use or employment of any instrument, or other means whatever, with the intent to destroy the child, thereby destroying the child before the child’s birth; and (2) “Attempt to procure a miscarriage” means the administration of any substance with the intention to procure the miscarriage of a woman or the use or employment of any instrument or other means with such intent. (b) (1) Every person who performs an abortion commits the crime of criminal abortion, unless such abortion is performed in compliance with the requirements of subsection (c). Criminal abortion is a Class C felony. (2) Every person who attempts to procure a miscarriage commits the crime of attempt to procure criminal miscarriage, unless the attempt to procure a miscarriage is performed in compliance with the requirements of subsection (c). Attempt to procure a criminal miscarriage is a Class E felony. (3) Every person who compels, coerces, or exercises duress in any form with regard to any other person in order to obtain or procure an abortion on any female commits a misdemeanor. A violation of this section is a Class A misdemeanor. SOURCE: Tenn. Code Ann. § 39-15-201 (West 2010).

9.4 False Imprisonment and Kidnapping Knowingly and unlawfully restraining a person so as to substantially interfere with his or her liberty Most false imprisonment statutes punish the crime as a misdemeanor, but a felony charge is possible when aggravated circumstances are involved Defendant must compel the victims to remain in a place or go to a place against their will Most jurisdictions require showing of specific intent

False Imprisonment Lawful restraint - The shopkeeper’s rule Lawful restraint by law enforcement If a police officer detains or arrests a person, such imprisonment is not against the law Shopkeeper’s rule An exception to false imprisonment laws that gives a shopkeeper the right to restrain a person if the shopkeeper possesses a reasonable belief that the customer has not paid a bill or has shoplifted an item

Kidnapping More than 300,000 children are abducted yearly Kidnapping About half of these cases involve parents kidnapping their own children and taking them out of state Kidnapping A felony defined as taking or carrying away a person without consent, by force or fraud, without lawful excuse, and often with a demand for ransom

Application Case (continued 3) 9.6 In the Matter of the Welfare of R.W.C.