April 24, 2012
Chapter 8 Summary:
Chapter 8 is about personal crimes. The chapter begins to discuss assault and battery. Assault is defined as the attempted or threatened battery. It is the intentional fear that is put into someone by the threat of bodily harm. Batter is the unlawful physical violence on another person without their consent.
Assault is a specific intent crime and battery is the commission of the specific intent. To constitute assault one has to commit an overt act from which the inference can be drawn that a violent injury was intended. Aggravated assaults are assaults with the intent to commit another offense like rape or murder. Aggravated assault can mean that assault is committed with the intention of committing an additional crime or something that involves a special circumstance. Typically there has to be a weapon involved for it to be aggravated the weapon would be either inherently dangerous or something that can be used in a dangerous fashion. To prove that there is aggravated assault the prosecution must show that an assault occurred.
Battery is actually or intentionally touching or striking another person against a person’s will or causing bodily harm to another person. Any unjustified touching of a person does not constitute battery an injury does not have to be given nor does a mark have to appear. Often time’s battery is a misdemeanor unless there are special conditions associated with aggravating the crime. The most common are battery on a peace officer and battery with the intent to inflict death or serious bodily injury on a person. Aggravated battery my involve the use of a deadly weapon and involve the acts committed with the intent of committing another crime. Battery is typically a misdemeanor but aggravated battery is usually a felony.
The chapter then begins to discuss sexual offenses. Rape is the unlawful sexual intercourse without the consent of another...