Chapter 9: Crimes Against Chapter 9: Crimes Against the Personthe Person
Objective: The student will be Objective: The student will be able to define key terminology able to define key terminology
of crimes against persons, of crimes against persons, differentiate the various types differentiate the various types
of violent crimes, and relate the of violent crimes, and relate the proper charge to the criminal proper charge to the criminal
offense.offense.
HomicideHomicideDefined: The killing of another person. Defined: The killing of another person. – Can be criminal, non-criminal, or negligentCan be criminal, non-criminal, or negligent– Related to manslaughter & murder chargesRelated to manslaughter & murder charges
Criminal Homicide is committed with intentCriminal Homicide is committed with intent
Considered criminal homicide if a person’s Considered criminal homicide if a person’s reckless actions, without regard to human reckless actions, without regard to human life, result in the killing of another personlife, result in the killing of another person
Non-Criminal Homicide can be classified as Non-Criminal Homicide can be classified as excusable or justifiable (not subject to excusable or justifiable (not subject to criminal chargescriminal charges
Criminal HomicideCriminal Homicide
Malice: Ill will; deliberate intent to harm Malice: Ill will; deliberate intent to harm someonesomeone
First-Degree Murder: The unlawful First-Degree Murder: The unlawful killing of a person with malice killing of a person with malice aforethought. It is planned in advance, aforethought. It is planned in advance, done with malice &/or during the done with malice &/or during the commission of a crime.commission of a crime.
Criminal Homicide ContinuedCriminal Homicide ContinuedFelony Murder: The killing of someone Felony Murder: The killing of someone during the commission of certain felonies, during the commission of certain felonies, regardless of intent to kill (which is usually regardless of intent to kill (which is usually required for a murder charge)required for a murder charge)
Second-Degree Murder: The unlawful killing Second-Degree Murder: The unlawful killing of a person; does NOT require malice or of a person; does NOT require malice or premeditation but is the result of a desire to premeditation but is the result of a desire to inflict bodily harm. It is done without excuse, inflict bodily harm. It is done without excuse, and is therefore more serous than and is therefore more serous than manslaughtermanslaughter
Criminal Homicide ContinuedCriminal Homicide ContinuedVoluntary Manslaughter: The killing of a Voluntary Manslaughter: The killing of a person without malice or premedidation, but person without malice or premedidation, but during the commission of an illegal act. It is during the commission of an illegal act. It is intentional but NOT premeditated, resulting intentional but NOT premeditated, resulting from heat of the passion or diminished from heat of the passion or diminished mental capacity of the killermental capacity of the killer
Involuntary Manslaughter: The killing of a Involuntary Manslaughter: The killing of a person without malice or premeditation, but person without malice or premeditation, but during the commission of an illegal act. It is during the commission of an illegal act. It is unintentional but done during an unlawful act unintentional but done during an unlawful act of a LESSER nature.of a LESSER nature.
Criminal Homicide ContinuedCriminal Homicide Continued
Negligent Homicide: Causing death Negligent Homicide: Causing death through criminally negligent behaviorthrough criminally negligent behaviorNegligence: The failure to exercise a Negligence: The failure to exercise a reasonable amount of care in either reasonable amount of care in either doing or not doing something, resulting doing or not doing something, resulting in harm or injury to another personin harm or injury to another personNon-Criminal Homicide: Is killing that Non-Criminal Homicide: Is killing that is justifiable or excusable and for which is justifiable or excusable and for which the killer is deemed faultlessthe killer is deemed faultless
SuicideSuicide
Defined: The deliberate taking of ones Defined: The deliberate taking of ones own lifeown life
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Assault & BatteryAssault & Battery
Assault: An intentional threat, show of Assault: An intentional threat, show of force, or movement that causes a force, or movement that causes a reasonable fear of, or an actual reasonable fear of, or an actual physical contact with, another person. physical contact with, another person. Can be a Crime or a Tort.Can be a Crime or a Tort.
Battery: Any intentional, unlawful Battery: Any intentional, unlawful physical contact inflicted on one physical contact inflicted on one person by another without consent. In person by another without consent. In some states this is combined with some states this is combined with Assault.Assault.
Assault & Battery continuedAssault & Battery continued
Stalking: The act of following or harassing Stalking: The act of following or harassing another person, causing the fear of death or another person, causing the fear of death or injuryinjury
Sexual Assault: Unwelcome sexual contact Sexual Assault: Unwelcome sexual contact against another individual committed against another individual committed through the use of force, threat or through the use of force, threat or intimidation or enabled because the victim intimidation or enabled because the victim was incapacitated due to drugs, alcohol, or was incapacitated due to drugs, alcohol, or mental disabilitymental disability
RapeRapeDefined: Unlawful sexual intercourse. It is Defined: Unlawful sexual intercourse. It is committed when one party forces another committed when one party forces another party to have sexual intercourse. It implies party to have sexual intercourse. It implies lack of consent.lack of consent.Statutory Rape: The act of unlawful sexual Statutory Rape: The act of unlawful sexual intercourse by an adult with someone under intercourse by an adult with someone under the age of consent, even if the minor is a the age of consent, even if the minor is a willing and voluntary participant in the sexual willing and voluntary participant in the sexual act.act.Acquaintance Rape: Sexual assault by Acquaintance Rape: Sexual assault by someone known to the victim, such as a date someone known to the victim, such as a date or neighbor. A/K/A Date Rapeor neighbor. A/K/A Date Rape
