Battery A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual.

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Presentation transcript:

Battery A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. Mens Rea/Mental State –Intentionally –Knowingly Actus Reus/Act –Causes Harm –Makes physical contact Attendant Circumstances –Without legal justification –Individual –Insulting or provoking nature

Domestic Battery A person commits domestic battery if he intentionally or knowingly without legal justification by any means: Causes bodily harm to any family or household member or Makes physical contact of an insulting or provoking nature with any family or household member Mens Rea/Mental State –Intentionally or Knowingly Actus Reus –Causes bodily harm or –Makes physical contact Attendnent Circumstances –Without legal; justification –Family member –Household member –Insulting –Provoking

Aggravated Battery A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery. Mens Rea/Mental State –Intentionally –Knowingly Actus Reus –Causes Great Bodily Harm Permanent Disability Disfigurement Attendant Circumstances ?

Aggravated Battery In committing a battery, a person commits aggravated battery if he or she: Uses a deadly weapon other than by the discharge of a firearm; Mens Rea/Mental State Actus Reus Attendant Circumstances

Aggravated Battery In committing a battery, a person commits aggravated battery if he or she Is, or the person battered is, on or about a public way, public property or public place of accommodation or amusement Mens Rea/Mental State Actus Reus/Act Attendant Circumstances

Robbery A person commits robbery when he or she takes property, from the person or presence of another by the use of force or by threatening the imminent use of force. Mens Rea/Mental State Actus Reus/Act –Takes Property and –Uses Force or –Threatens use of force Attendant Circumstances –Person –Presence

General Intent The intent to do that which the law prohibits. It is not necessary for the prosecution to prove that the defendant intended the precise harm or the precise result which eventuated. (Black’s Law Dictionary)

First Degree Murder A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another Mens Rea/Mental State –Intends to kill or di great bodily harm to that individual or another –Knows that such act will cause death to that individual or another Actus Reus/Act –Performs the acts which caused the death Attendant Circumstances –Without lawful justification –Death Occurred

First Degree Murder A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; Mens Rea/Mental state –Knows that such acts create a strong probability of death or great bodily harm to that individual or another Actus Reus/Act –Performs the acts which caused the death Attendant Circumstances –Without lawful justification –Death Occurred

First Degree Murder A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: he is attempting or committing a forcible felony other than second degree murder. Mens Rea/Mental State –Strict Liability/General Liability Actus Reus/Act –Performing the acts which cause the death Attendant Circumstances –Without lawful justification –Death Occurred –Offender committed or attempted a forcible felony other than second degree murder

Forcible Felony (720 ILCS 5/2 ‑ 8) treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

CSA The accused commits criminal sexual assault if he or she: commits an act of sexual penetration by the use of force or threat of force Mens Rea/Mental State –General Intent Actus Reus/Act –Act of sexual penatration Attendnant Circumstances –Use of force or threat of force

"Sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

Criminal Sexual Abuse The accused commits criminal sexual abuse if he or she commits an act of sexual conduct by the use of force or threat of force Mens Rea/Mental State –General Intent Actus Reus/Act –Act of sexual conduct Attendnant Circumstances –Use of force or threat of force

"Sexual conduct" means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

Aggravating Factors Use of a Weapon Age of the Victim –Young or Old Protected Profession –Police Officer –Firefighter/EMT –Other Governmental or Quasi Governmental Employee Public Way Physical Handicap Wearing Hood/Mask Serious Injury Ransom Victim is Pregnant

Kidnapping Kidnapping occurs when a person knowingly and secretly confines another against his will Mens Rea/Mental State –Knowingly Actus Reus/Act –Confined another against his will Attendant Circumstance –secretly

Unlawful Restraint A person commits the offense of unlawful restraint when he knowingly without legal authority detains another. Mens Rea/Mental State –Knowingly Actus Reus –Detains Another Attendnant Circumstances –Without legal authority