Deck 9: Assaultive Offenses

Question 1

Sexual intercourse without the consent of the victim is the crime of:

A) Rape.
B) Sexual Assault.
C) Statutory Rape.
D) Rape by Deception.

Answer 1

Rape.

Question 2

A rape victim may be incompetent to give consent in one of three situations. Which is NOT one of these situations?

A) If the victim is drugged and therefore not thinking rationally.
B) If the victim is mentally disabled.
C) If the victim is too young.
D) If the victim consents and then later withdraws.

Answer 2

If the victim consents and then later withdraws.

Question 3

A strict liability crime in which the defendant has sexual intercourse with a minor under the age of consent.

A) Rape.
B) Sexual Assault.
C) Statutory Rape.
D) Rape by Deception

Answer 3

Statutory Rape.

Question 4

Three states retain corroboration requirements. Which state does NOT?

A) California.
B) New York.
C) Texas.
D) Ohio.

Question 5

Statutes that restrict the admissibility of the victim's past sexual history at trial are known as:

A) Corroboration Requirements.
B) Rape Shield Laws.
C) Statutory Rape Laws.
D) Sexual Assault Requirements.

Question 6

The FBI classifies four serious crimes in the Uniform Crime Report. Which is NOT one of the four serious crimes?

A) Robbery.
B) Rape.
C) Homicide.
D) Burglary.

Question 7

Which constitutes mens rea of robbery?

A) The Taking.
B) And Carrying Away.
C) Of the Personal Property.
D) With Intent to Permanently Deprive the Owner of the Property.

Question 8

This is an assaultive offense, meaning that it involves threats and the potential for physical contact. It is also a crime of theft that occurs under circumstances in which the victim is in some way forced into submission.

A) Larceny.
B) Burglary.
C) Robbery.
D) Armed Robbery.

Question 9

The felonious taking language captures the mens rea of robbery in this state. Felonious taking means the taking of property with intent to deprive.

A) Arizona.
B) California.
C) Florida.
D) Pennsylvania.

Question 10

This offense is when the defendant is in possession of a weapon while committing the crime of robbery.

A) Grand Larceny.
B) Larceny.
C) Aggravated Assault.
D) Armed Robbery.

Question 11

A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful is the offense of:

A) Threatened Battery Assault.
B) Battery.
C) Attempted Battery Assault.
D) Assault.

Question 12

The ________ of threatened battery assault is the intention to cause another person to fear imminent battery.

A) Actus reus.
B) Mens rea.
C) Mala in se.
D) Stare decisis.

Question 13

The actus reus of kidnapping is:

A) Intent to Confine.
B) Asportation.
C) Hold the Victim in Secret.
D) Wobbler.

Question 14

This is a type of criminal offense that can be charged as either a misdemeanor or felony depending on the circumstances.

A) Asportation.
B) Wobbler.
C) Domestic offenses.
D) Quiverer.

Question 15

Which offenses are considered domestic offenses?

A) Child Abuse and Harassment.
B) Harassment and Stalking.
C) Child Abuse and Domestic Violence.
D) Domestic Violence and Stalking,

Question 16

According to federal law, this offense is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose."

A) Stalking.
B) Harassment.
C) Battery.
D) Domestic Violence.

Question 17

The definition of rape incorporates common law and current law.

Question 18

At common law, a husband who forced his wife to engage in sexual intercourse was not guilty of rape.

Question 19

States can choose whether to allow child rapists to be sentenced death.

Question 20

In every state, if the defendant reasonably believed that the victim consented, then she or he cannot be guilty of rape.

Question 21

For the crime of rape, there is a requirement of injury to the victim.

Question 22

All states treat robbery as a specific intent offense.

Question 23

Robbery is limited to personal property.

Question 24

All states treat robbery as a general intent crime.

Question 25

A robber who uses violence and/or puts the victim in fear need not use a weapon to do so.

Question 26

It is relatively common for states to maintain just one battery statute.

Question 27

Some states do not distinguish between assault and battery.

Question 28

The crime of harassment typically includes an element of following the victim in some form or fashion.

Question 29

In some states, stalking via any electronic communication device, is now criminal.

Question 30

Cyberstalking also shares several characteristics with traditional stalking.

Question 31

In most jurisdictions, rape is a(n) ________ intent offense.

Question 32

According to the Modern Penal Code rape is a(n) ________ intent offense.

Question 33

Rape prosecutions are not as difficult as they once were, partly because of the disappearing ________ requirement.

Question 34

Robbery is a(n) ________ offense, meaning that it involves threats and the potential for physical contact.

Question 35

If there is not a person as victim, in the stealing of property, then the crime will be ________.

Question 36

The defendant is in possession of a weapon while committing the crime of robbery is known as ________ robbery.

Question 37

A type of assault in which the criminal intentionally places another person in fear of an imminent battery is the offense of ________ battery assault.

Question 38

A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful is the offense of ________ battery assault.

Question 39

Assaults are often lumped into two categories: ________ and aggravated.

Question 40

Match each assaultive offense with its definition.

-Harassment

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 41

Match each assaultive offense with its definition.

-Domestic Violence

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 42

Match each assaultive offense with its definition.

-Battery

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 43

Match each assaultive offense with its definition.

-Stalking

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 44

Match each assaultive offense with its definition.

-Threatened Battery Assault

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 45

Match each assaultive offense with its definition.

-Child Abuse

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 46

Match each assaultive offense with its definition.

-Attempted Battery Assault

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 47

Match each assaultive offense with its definition.

-Rape

A) Willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.
B) A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful.
C) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose and includes following the victim in some form.
D) Sexual intercourse without the consent of the victim.
E) The unlawful detention or restraint of another person.
F) A course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
G) The unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.
H) Unlawful offensive touching of another without consent.
I) A type of assault in which the criminal intentionally places another person in fear of an imminent battery.
J) Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.

Question 48

Identify modern advances in rape laws.

Question 49

Identify and explain the six traditional elements of robbery.

Question 50

Under common law, there were two types of assault. Identify and define them.

Question 51

Compare and contrast harassment, stalking and cyberstalking.

Question 52

Joe and Janine are walking home from dinner and a movie one evening when Lucas suddenly pops out from behind a dumpster, points a gun at the couple, and demands they turn over all of their belongings. Joe tries to wrestle away the gun, but both Joe and Janine are fatally wounded. Only after the couple dies from their gunshot wounds does Lucas take their money and jewelry. In addition to criminal homicide, can Lucas be charged with robbery? Why or why not? What if Lucas did not return until the next day to recover the belongings from the bodies? Would that be considered robbery?

Question 53

Juliette is the top equestrian in the state and is out riding her horse, Biscuit, in preparation for an upcoming competition. Sarah is the second-best equestrian in the state and really wants Juliette to "break a leg"so that she cannot compete in the state championships. While Juliette is riding, Sarah swings a large tree branch and hits Biscuit right in the chest. Juliette is not hit by the branch, but she is violently thrown off the horse and suffers several broken bones. Can Sarah be charged with battery? Why or why not?