girl had 'very big error of judgement' (101208rapefolob.article) october 12, 2008 by kim...

Girl had 'very big error of judgement'

(http://www.southtownstar.com/news/1216546,101208rapefoloB.article)October 12, 2008

By KIM JANSSEN, staff writerThe girl who cried wolf in the Palos Heights rape case has agreed to do community service as

penance, her attorney said Saturday as the public reacted with a mixture of sympathy and outrage to news that a hoax was behind one of the Southland’s biggest criminal investigations.

Police officially closed their investigation into the alleged Sept. 16 abduction and rape of the 17-year-old Stagg High School senior Friday afternoon after the girl confessed to fabricating the story.

Her family released a statement offering their “deepest apologies” to the community Friday. Rumors that her story was untrue had circulated openly for two weeks.

Her original allegation that she had been kidnapped from T.J. Grinders sandwich shop in the 12200 block of South Harlem Avenue and subjected to a three-hour sexual ordeal at knifepoint by an “olive-skinned” man prompted an estimated $250,000 police probe, provoked widespread fear and stoked

anti-Arab sentiment in the diverse neighborhood. Racial fallout ‘unintentional’

Speaking Saturday, her family’s attorney, Martin Dolan, said the girl and her family “understand the anger that this has caused.”

In an apparent reference to the anti-Arab feelings stirred by her false claims, Dolan said the family was particularly sorry “for any ill feelings this has caused against particular ethnic groups,” stressing

that the fallout was “entirely unintentional.”

http://www.southtownstar.com/news/1216546,101208rapefoloB.article

Chapter 8

Other Crimes against Persons

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ASSAULT & BATTERY

Assault & Battery is often thought of as the same crime, or linked criminal acts; but, they are separate, distinct, and mutually exclusive. In reality, you have an assault or a battery.


BATTERY

Battery is the crime of unwanted and offensive touching. Actual defendant-to-victim touching, however, is not required. It is enough if the defendant puts into motion the offensive touching.

Mens rea: Defendant must specifically intend to touch or cause contact with another person in an offensive or harmful manner.

Actus reus: Defendant must engage in the unjustified offensive touching of another person. The touching does not need to injure or cause pain, it must only be offensive!


(720 ILCS 5/12‑3) (from Ch. 38, par. 12‑3) Sec. 12‑3. Battery.

(a) A person commits battery if he intentionally or knowingly without legal

justification and by any means, (1) causes bodily harm to an individual or (2) makes

physical contact of an insulting or provoking nature with an individual.

(b) Sentence. Battery is a Class A misdemeanor.

Battery

• A person commits battery if he intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual

• Mens Rea/Mental State– Intentionally or Knowingly

• Actus Reus– Causes Bodily Harm, or– Makes Physical Contact of

an Insulting or Provoking Nature

• Attendant Circumstances– Without Legal Justification– Individual

(720 ILCS 5/12‑4) (from Ch. 38, par. 12‑4)

(Text of Section from P.A. 94‑243)

Sec. 12‑4. Aggravated Battery. (a) A person who, in committing a battery, intentionally or knowingly

causes great bodily harm, or permanent disability or

disfigurement commits aggravated battery. or

Aggravated Battery

• A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery

• Mens Rea/Mental State– Intentionally or Knowingly

• Actus Reus– Causes Bodily Harm, or– Makes Physical Contact of an

Insulting or Provoking Nature• Attendant Circumstances

– Without Legal Justification– Individual

AND• Mens Rea/Mental State

Intentionally or Knowingly• Actus Reus

– Causes Great Bodily Harm, – Permanent Disability – Permanent Disfigurement

People v. Latham

720 ILCS 5/12‑4.2) (from Ch. 38, par. 12‑4.2)

Sec. 12‑4.2. Aggravated Battery with a firearm.

(a) A person commits aggravated battery with a firearm when he, in committing a

battery, knowingly or intentionally by means of the discharging of a firearm (1) causes

any injury to another person, or (2) causes any injury to a person he knows to be a

peace officer, a private security officer

(720 ILCS 5/12‑3.2) (from Ch. 38, par. 12‑3.2) Sec. 12‑3.2. Domestic Battery.

(a) A person commits domestic battery if he intentionally or knowingly without legal justification

by any means: (1) Causes bodily harm to any family or

household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended; (2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure

of 1963, as amended.

(720 ILCS 5/12‑4.1) (from Ch. 38, par. 12‑4.1)

Sec. 12‑4.1. Heinous Battery. (a) A person who, in committing a battery,

knowingly causes severe and permanent disability, great bodily harm or disfigurement

by means of a caustic or flammable substance, a poisonous gas, a deadly

biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound commits heinous

battery.

(720 ILCS 5/12‑4.5) (from Ch. 38, par. 12‑4.5)

Sec. 12‑4.5. Tampering with food, drugs or cosmetics. (a) Any person who knowingly

puts any substance capable of causing death or great bodily harm to a human being

into any food, drug or cosmetic offered for sale or consumption commits the offense of tampering with food, drugs or cosmetics.

(b) Sentence. Tampering with food, drugs or cosmetics is a Class 2 felony.

(720 ILCS 5/12‑7.1) (from Ch. 38, par. 12‑7.1) Sec. 12‑7.1. Hate crime.

(a) A person commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual

orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any

other motivating factor or factors, he commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action or disorderly conduct as

these crimes are defined in Sections 12‑1, 12‑2, 12‑3, 16‑1, 19‑4, 21‑1, 21‑2, 21‑3, 25‑1, and 26‑1 of this Code, respectively, or harassment by

telephone as defined in Section 1‑1 of the Harassing and Obscene Communications Act, or harassment through electronic

communications as defined in clauses (a)(2) and (a)(4) of Section 1‑2 of the Harassing and Obscene Communications Act.

(720 ILCS 5/12‑10) (from Ch. 38, par. 12‑10)

Sec. 12‑10. Tattooing Body of Minor.

(a) Any person, other than a person licensed to practice

medicine in all its branches, who tattoos or offers to tattoo a person under the age of 18 is guilty of a

Class A misdemeanor.

(720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1) Sec. 10‑1. Kidnapping.) (a) Kidnapping occurs when a

person knowingly: (1) And secretly confines another against his will, or

(2) By force or threat of imminent force carries another from one place to another with intent secretly to confine him

against his will, or (3) By deceit or enticement induces another to go from

one place to another with intent secretly to confine him against his will.

(b) Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal

guardian. (c) Sentence.

Kidnapping is a Class 2 felony.

(720 ILCS 5/10‑2) (from Ch. 38, par. 10‑2) Sec. 10‑2. Aggravated kidnaping.

(a) A kidnaper within the definition of paragraph (a) of Section 10‑1 is guilty of the offense of aggravated kidnaping when he:

(1) Kidnaps for the purpose of obtaining ransom from the person kidnaped or from any other person, or (2) Takes as his

victim a child under the age of 13 years, or a severely or profoundly mentally retarded person, or (3) Inflicts great bodily harm, other

than by the discharge of a firearm, or commits another felony upon his victim, or (4) Wears a hood, robe or mask or conceals his

identity, or (5) Commits the offense of kidnaping while armed with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of the "Criminal Code of 1961", or (6) Commits the offense

of kidnaping while armed with a firearm, or (7) During the commission of the offense of kidnaping, personally discharged a

firearm, or (8) During the commission of the offense of kidnaping, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. As used in this Section, "ransom" includes

money, benefit or other valuable thing or concession.

(720 ILCS 5/10‑3) (from Ch. 38, par. 10‑3)

Sec. 10‑3. Unlawful restraint.) (a) A person commits the offense of

unlawful restraint when he knowingly without legal authority

detains another. (b) Sentence.

Unlawful restraint is a Class 4 felony.

(Source: P.A. 79‑840.)

ASSAULT

Assault is the crime of attempted or threatened battery. Attempted or threatened defendant-to-victim touching, however, is not required. It is enough if the defendant puts into motion the attempted or threatened offensive touching.

Mens rea: Defendant must specifically attempt or threaten offensive or harmful contact.

Actus reus: Defendant must have the apparent present ability to carry out the attempted or threatened conduct.


(720 ILCS 5/12‑1) (from Ch. 38, par. 12‑1) Sec. 12‑1. Assault.

(a) A person commits an assault when, without lawful authority, he engages in

conduct which places another in reasonable apprehension of receiving a battery. (b) Sentence. Assault is a Class C

misdemeanor.

Assault

• A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.

(720 ILCS 5/12‑2) (from Ch. 38, par. 12‑2)

(Text of Section from P.A. 94‑243)

Sec. 12‑2. Aggravated assault. (a) A person commits an

aggravated assault, when, in committing an assault, he:

(1) Uses a deadly weapon …

AGGRAVATED ASSAULT & BATTERY

Aggravated assaults or batteries are regular assaults and batteries with special circumstances behind the commission of crime. Generally, such crimes receive special (greater) punishment. For example: assault to commit rape; assault with a motor vehicle; assault of a police officer; or assault with a dangerous weapon.


KIDNAPPING

Kidnapping is a crime of force; specifically, the force of moving someone and restraining them against their will.

Mens rea: Defendant must intend to seize a person, move the person, and confine the person against their will.

Actus reus: The unlawful seizure, movement, and confinement must be by force, threat of force, or by fraud.


KIDNAPPING—Types

There are numerous reasons the crime of kidnapping takes place. The most common types of kidnappings are as follows:

Kidnapping by a Non-custodial Parent

Forcible Kidnapping for Ransom

Kidnapping with the Intent to Commit a Lewd and Lascivious Act

Kidnapping with the Intent to Transport a Person In to or Out of a State


(720 ILCS 5/10‑1) (from Ch. 38, par. 10‑1) Sec. 10‑1. Kidnapping.) (a) Kidnapping occurs when a

person knowingly: (1) And secretly confines another against his will, or

(2) By force or threat of imminent force carries another from one place to another with intent secretly to confine him

against his will, or (3) By deceit or enticement induces another to go from

one place to another with intent secretly to confine him against his will.

(b) Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal

guardian. (c) Sentence.

Kidnapping is a Class 2 felony.

(720 ILCS 5/10‑2) (from Ch. 38, par. 10‑2) Sec. 10‑2. Aggravated kidnaping.

(a) A kidnaper within the definition of paragraph (a) of Section 10‑1 is guilty of the offense of aggravated kidnaping when he:

(1) Kidnaps for the purpose of obtaining ransom from the person kidnaped or from any other person, or (2) Takes as his

victim a child under the age of 13 years, or a severely or profoundly mentally retarded person, or (3) Inflicts great bodily harm, other

than by the discharge of a firearm, or commits another felony upon his victim, or (4) Wears a hood, robe or mask or conceals his

identity, or (5) Commits the offense of kidnaping while armed with a dangerous weapon, other than a firearm, as defined in Section 33A‑1 of the "Criminal Code of 1961", or (6) Commits the offense

of kidnaping while armed with a firearm, or (7) During the commission of the offense of kidnaping, personally discharged a

firearm, or (8) During the commission of the offense of kidnaping, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. As used in this Section, "ransom" includes

money, benefit or other valuable thing or concession.

FALSE IMPRISIONMENT

False imprisonment is just like kidnapping, only without the requirement of movement.

Mens rea: Defendant must intend to seize a person and confine the person against their will.

Actus reus: The unlawful seizure and confinement must be by force, threat of force, or by fraud.


(720 ILCS 5/10‑3) (from Ch. 38, par. 10‑3)

Sec. 10‑3. Unlawful restraint.) (a) A person commits the offense of

unlawful restraint when he knowingly without legal authority

detains another. (b) Sentence.

Unlawful restraint is a Class 4 felony.

(Source: P.A. 79‑840.)

TRAFFICKING IN HUMANS

Women and children are being trafficked internationally to become slaves in the constantly growing sex trade.

Prostitution and trafficking are third highest source of illegal income, under narcotics and illegal arms sales.

Legislation has been introduced in the U.S. to combat trafficking: the Victims of Trafficking and Violence Protection Act.


STALKING

At the heart of stalking crimes is the fear of bodily injury or death.

Mens rea: Defendant must intend to engage in a course of conduct directed against another person, that would put a reasonable person in fear of bodily injury or death.

Actus reus: Defendant’s course of conduct must induce fear in the victim. Any fear inducing acts will suffice. Many jurisdictions require two or more separate acts.


STALKING—Extent

Stalking is an old crime, but one that has brought renewed attention due to high-profile celebrity victims and internet cases. Stalking engenders such great fear, although the average stalk lasts almost two years and more than 20% of stalking victims move to escape their stalker, only half of stalking victims actually report the crime.


(720 ILCS 5/12‑7.3) (from Ch. 38, par. 12‑7.3) Sec. 12‑7.3. Stalking.

(a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows

another person or places the person under surveillance or any combination thereof and:

(1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the

threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension

that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

(a‑5) A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful

justification on one occasion: (1) follows that same person or places that same person under

surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the

threat is directed towards that person or a family member of that person.

Stalking

• A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof

• Mens Rea/Mental State– Knowingly

• Actus Reus– Follows– Places Under Surveillance(or any combination thereof)

• Attendant Circumstances/Elements– Two OccassionsAnd– (1) at any time transmits a threat of

immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or

– (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or

– (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

Stalking• A person commits stalking when he

or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

– Additional Attendant Circumstances/Elements

– at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or

– places that person in reasonable

apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or

– places that person in reasonable

apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

Stalking

• A person commits stalking when he or she has previously been convicted of stalking another person and knowingly and without lawful justification on one occasion: (1) follows that same person or places that same person under surveillance; and (2) transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint; and (3) the threat is directed towards that person or a family member of that person.

• Mens Rea/Mental State– Knowingly

• Actus Reus/Criminal Act– Follows– Places under surveillance

• Attendant Circumstances/Elements

– Previously convicted– Transmits a threat of immediate of

future bodily harm, sexual assault, confinement, or restraint

– Threat is directed towards that person or a family member of that person

– Without Lawful Justification

HIGH-TECH STALKING

• Technology is opening doors for new ways for stalkers to frighten, harrass, surveil, and terrify their victims.

• Technology allows a stalker to remain anonymous and may reduce the risk of being “seen” by the victim.


MAYHEM

Mayhem is an aggravated form of battery that results in the loss of use of a body part, or the permanent disfigurement/disabling of the body.

Mens rea: Defendant must intend to commit an unlawful battery.

Actus reus: The unlawful battery must result in an injury depriving the victim a part of his body, or causing the permanent disfigurement/disabling of part of his body.


girl had 'very big error of judgement' (101208rapefolob.article) october 12, 2008 by kim...

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