Crimes Against Persons Part Two Battery Assault Mayhem Torture Kidnapping False Imprisonment To insert your company logo on this slide From the Insert Menu Select “Picture” Locate your logo file Click OK To resize the logo Click anywhere inside the logo. The boxes that appear outside the logo are known as “resize handles.” Use these to resize the object. If you hold down the shift key before using the resize handles, you will maintain the proportions of the object you wish to resize. Copyright, 2000 Charles L. Feer

Battery Any willful and unlawful use of force or violence upon another person. _ Willful –Intended –Unlawful Not privileged – Use of Force – Harmful or offensive touching –Person of Another –Person or immediate presence

Assault A threatened Battery. –Threat –Victim knows of the threat –Present ability to commit Battery –Physically possible –Actor’s actual intent not important – Victim’s perception –Likelihood of success –Actual victim harm not required

Aggravated vs. Simple –Aggravated (Felony) – Use of force likely to produce death or serious injury. –Battery with intent to commit other serious crimes. –Simple (Misdemeanor) –Not involving serious use of force

Mayhem –Aggravated form of Battery –Results in maiming or dismemberment –Disability and Disfigurement –“Permanent” determined by the injury –Malice required – Committed with a wish to injure –Aggravated Mayhem –Specific intent to cause permanent disability, disfigurement or deprive someone of limb or organ.

Torture –Infliction of great bodily injury with intent to cause cruel or extreme pain and suffering. –For the purposes of revenge, extortion, persuasion or for any sadistic purpose. –Not necessary to prove victim actually suffered pain.

Kidnapping –Restraint of liberty of the victim General Intent –Asportation of the victim Movement must be substantial (not incidental to another crime)

Aggravated Kidnapping –Kidnapping for ransom, reward or extortion, or robbery and kidnapping during carjacking does not require asportation.

Parental Kidnapping –Taking or concealing of a child by one parent with intent to deprive the other parent of right to custody or visitation. –Child Stealing: Malicious taking, detaining, concealing or enticing away of a minor child by a person not having a right to custody of a child with intent to conceal the child.

False Imprisonment –Unlawful confinement of another person. (Kidnapping without asportation.) –Confinement Deprivation of another’s freedom –Lesser included offense of Kidnapping.