Elements of Homicide
Elements of Assault, Mayhem, and Battery
- Apprehension of a harmful contact
Elements of Rape
- The victim is a woman
- The offender is a man
- Requires penetration, however slight, of the vagina
- No rape if the couple is married or they are separated
- The woman must resist the attacker
Elements of Stalking
Difference between Assault Statutes
An assault refers to any deliberate action that is meant to cause another individual to be afraid that he/she is about to experience physical harm. This means that placing an individual under fear of impending bodily harm is already an action that warrants punishment, even when the victim of the assault is not essentially hurt (Bravenec 94). The police are allowed under the law to make arrests without having to wait for the assaulter to make threats true. Additionally, it is not only one-sided attacks that comprise assault because fighting can lead to an assault charge, whether the two agreed to fight or not (Smith, Raw & USA n.p.).
Crimes of this kind can also be classified as battery and depending on the gravity of the attack through the degree of danger of the weapon utilized; the actions can ascend to the levels of aggravated assault or mayhem. Some jurisdictions define battery as any unlawful physical contact meted out by one individual against another without consent (Bravenec 94). Actual harm is not necessarily included, as the only requirement is the intention to cause bodily injury.
Aggravated assault refers to the offense that may either involve an attack using a weapon or the intention to commit a more serious offense such as rape. An assault may also be termed as aggravated when it happens in the course of a relationship so that the legal system considers it as a worthy case for special protection (Smith, Raw & USA n.p.). If cases where factors like these are absent, then it is referred to as simple assault or a misdemeanor. Another alternative for classifying the assaults for some states involves looking into the different levels of the harm caused by classifying them as first (most serious), second, or third degree (less serious) assaults (Information Services Bureau n.p.).
The status of the victim at the point of assault changes the nature of the crime and penalty in that if the victim is a law enforcement officer, the elements are the same but the penalty is higher. To be a battery against the police, it must have an outcome of actual harm to the officer, represent a threat to their safety, or advance a profound challenge to the police’s authority.
Violation of Personal Liberty Required For Kidnapping and False Imprisonment
Kidnapping refers to taking an individual hostage against his/her consent and moving them, while false imprisonment refers to the unlawful violation of personal liberty of the other individual, through restraint without legal justification or their consent (Cohen 109). False imprisonment can be meted out through words and actions, or both, but does not involve any movement of the victims. It may also involve using another individual as a human shield.
Every individual that personally gets involved by causing an unlawful detention may be held liable, as well as the individuals who pose as instigators and participants. However, having passive knowledge or consent to the actions of another individual or implementing a superior individual’s orders may not be sufficient to qualify one for false imprisonment (Cohen 109). Jail officials may be liable for this offense by holding a individual for an unreasonable time, but an employer may not be charged for this for the actions of an employee that are not within the scope of employment.
Bravenec, Lorrence L. “Voluntary Sterilization as a Crime: Applicability of Assault and Battery and of Mayhem.” J. Fam. L. 6 (1966): 94.
Cmssn on Peace Officer Standards and Training, Information Services Bureau, and United States of America. “Crimes Against Persons.” (1992).
Cohen, Donald S. “False Imprisonment: A Reexamination of the Necessity for Awareness of Confinement.” Tenn. L. Rev. 43 (1975): 109.
Smith, EN, Harper and Row, and United States of America. “CRIMES AGAINST PERSONS.” (1976).