Criminal Law for the Criminal Justice Professional Norman M. Garland Third Edition Copyright © 2012 The McGraw-Hill Companies, Inc. All Rights Reserved. C H A P T E R 9 McGraw-Hill/Irwin

Slide Physical Crimes 9.2Sex Crimes 9.3Crimes against the Person in the Home 9.4False Imprisonment and Kidnapping C H A P T E R 9 Crimes against Persons: Other Offenses

Slide 9-3 CHAPTER OBJECTIVES 1. State the elements of battery. 2. List the elements of assault. 3. State the elements of mayhem. 4. List the essential elements of robbery.

Slide 9-4 CHAPTER OBJECTIVES 5. State the elements of rape, and explain the difference between rape and statutory rape. 6. Describe Megan’s Law. 7. Define child abuse. 8. Distinguish between the elements of false imprisonment and kidnapping. continued

Slide Physical Crimes Battery Assault Mayhem Robbery

Slide 9-6 Battery Elements of battery: – Actor’s conduct – Actor’s mental state – Harm done to the victim Defendant culpable for battery if s/he possesses intent to inflict injury by touching victim 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

Slide 9-7 Battery For defendant to be guilty of battery – S/he must intend to cause harmful or offensive touching – S/he must cause such 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.

Slide 9-8 Assault Attempted battery: – Actor intends to commit a battery Frightening: – Any conduct designed to frighten another A misdemeanor consisting of either an attempted battery or an intentional frightening of another person. assault

Slide 9-9 Assault conditional 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.

Slide 9-10 Mayhem Law of mayhem developed in U.S. to protect the physical integrity of the person Elements of mayhem subject to variation The felony of assault with intent to maim. mayhem

Slide 9-11 Mayhem Actus reus requirement of mayhem is defendant cause bodily injury that permanently dismembers, disables, or disfigures the victim – Dismemberment – Disablement – Disfigurement

Slide 9-12 Robbery Taking of Property – Taking and carrying away of property of another, without consent, with purpose of stealing or permanently depriving owner of possession 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

Slide 9-13 Robbery Taking from a Person – Requires property taken either from person or from person’s immediate presence Intent to Deprive the Owner – Intent to deprive owner temporarily is enough to create criminal liability

Slide 9-14 Robbery 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 attempt or commission of theft, including escape after committing the theft

Slide 9-15 Robbery Armed Robbery Robbing the Elderly – Sentence enhancements in Georgia make minimum punishment for robbing elderly is considerably greater armed robbery Robbery accomplished by means of a dangerous or deadly weapon; often classified as robbery in the first degree or aggravated robbery.

Slide 9-16 Application Case – 9.1People v. Keenan

Slide Sex Crimes Rape Statutory rape Spousal rape Child molestation

Slide 9-18 Rape Sexual intercourse committed: – Forcibly – By means of deception – While victim was asleep or unconscious – While victim was not competent to give consent A felony defined as “the carnal knowledge of a woman forcibly and against her will.” rape

Slide 9-19 Rape Rapes of nonconsent punishable as rape but receive lesser penalty – Defendant does not need specific intent to have nonconsensual sex to be guilty of rape

Slide 9-20 Rape Rape and the Law – Traditionally defines male as perpetrator and female as 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 privacy

Slide 9-21 Statutory Rape Many states divide statutory rape offenses into two categories: – Statutory rape involving very young girl (severe) – Cases involving girls in their late teens (less severe) statutory rape A form of rape involving sexual intercourse between an adult and a child, usually between the ages of 13 and 17.

Slide 9-22 Spousal Rape Dealing with Rape Victims – Rape victim treated with sensitivity, compassion, and respect Nonconsensual sex between a woman and her husband, ex-husband, or partner. spousal rape 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.

Slide 9-23 Child Molestation Adult is guilty of child molestation if s/he: – Exposes genitals to a child – Has child touch perpetrator’s genitals – Removes child’s clothing – Takes nude pictures of child – Has child touch perpetrator in inappropriate fashion child molestation Any sexual conduct by an adult with a child.

Slide 9-24 Child Molestation Sexual abuse of children often goes undetected or unreported – Serious issue in dealing with sexual abuse of children is recidivist nature of the offender 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. Megan’s Law

Slide 9-25 Criminal Abortion – Roe v. Wade (1973) Criminal abortion involves feticide criminal abortion The artificially induced expulsion of a fetus by illegal means, such as spousal abuse. The point at which a fetus can reasonably live outside its mother’s womb, with or without artificial support. viability

Slide 9-26 Application Case – 9.2Rusk v. State – 9.3Buckey v. County of Los Angeles

Slide 9-27 Figure 9.1: Wyoming Statute on Sexual Assault

Slide 9-28 Child Abuse Often takes place in the home – Four general types of child abuse: Neglect Physical abuse Sexual abuse Emotional maltreatment An intentional or neglectful physical or emotional injury imposed on a child, including sexual molestation. child abuse

Slide 9-29 Child Abuse 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 and discovers situation will most likely remove children from the home

Slide 9-30 Child Abuse Physical Abuse – Involves hitting, striking, beating, or injuring 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 s/he is

Slide 9-31 Child Abuse Two components: – Clinical manifestations – Psychiatric aspects Courts rarely allow psychological explanation as a defense to criminal acts perpetrated by abused person as justification for killing abuser battered child syndrome A clinical condition suffered by young children who have been the victims of prolonged serious physical abuse.

Slide 9-32 Spousal Abuse Battering cycle: – Phase one – tension- building stage – Phase two –acute battering incident – Phase three –abuser regrets actions and promises to get help in stopping 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.

Slide 9-33 Elder Abuse Usually occurs in the home – Perpetrators frequently the victim’s spouse or children – Females represent more than 52% of abusers and 65% of those who suffer elder abuse The abuse, neglect, or financial exploitation of elderly persons. elder abuse

Slide 9-34 Application Case – 9.4State v. Horne – 9.5State v. Williams

Slide 9-35 Figure 9.2: Tennessee Criminal Abortion Statute

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

Slide 9-37 False Imprisonment Lawful Restraint: The Shopkeeper’s Rule Lawful Restraint by Law Enforcement – If 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.

Slide 9-38 Kidnapping More than 300,000 children abducted yearly – About half of cases involve parents kidnapping their own children and taking them out of state 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. kidnapping

Slide 9-39 Application Case – 9.6In the Matter of the Welfare of R.W.C.