Deck 11: Assault, Battery, and Other Crimes Against the Person

Question 1

According to the US Department of Justice, ______ people become victims of violent crimes at work each year. ​

A)700,000
B)500,000 ​
C)1 million
D)2 million

Answer 1

C

Question 2

In all courts, movement of the victim from one room to another is sufficient movement to justify a kidnapping conviction.

Answer 2

False

Question 3

Mandatory reporting laws have been enacted by all states to require doctors, nurses, teachers, day care workers, and other people coming in contact with children to report suspected child abuse.

Answer 3

True

Question 4

Under the Model Penal Code, giving someone a fierce look with intent to frighten would: ​

A)not amount to a crime.
B)be a simple assault.
C)constitute the crime of menacing.
D)be a battery.

Question 5

Self-defense and necessity can be defenses to assault.

Question 6

A defense to a charge of unwanted touching or physical contact could be that the touching was: ​

A)offensive.
B)accidental.
C)belligerent.
D)disorderly.

Question 7

An unlawful striking or offensive touching is: ​

A)robbery.
B)aggravated assault.
C)battery.
D)mayhem.

Question 8

In some jurisdictions, even a touching may be charged as a battery.

Question 9

An assault or battery can occur in a contact sport: ​

A)if it is not consented to in writing.
B)only if it constitutes a felony.
C)if it is beyond the rules of the game.
D)if the players differ in size.

Question 10

______ are required, by law, to report suspected child abuse. ​

A)Doctors
B)Teachers
C)Nurses
D)All of these choices.

Question 11

Both kidnapping and false imprisonment require the victim to be moved from one place to another.

Question 12

______ is an assault that is more serious because a firearm is present or because the aggressor has the intent to commit a felony. ​

A)Aggravated assault
B)Battery
C)Completed assault
D)Ancillary assault

Question 13

______ is a battery that causes serious bodily injury or is committed with a deadly weapon. ​

A)Aggravated battery
B)Assault
C)Completed battery
D)Ancillary battery

Question 14

The common law definition of mayhem is unlawfully and violently depriving the victim of full use of any functional member of the body.

Question 15

A person's hands may be considered deadly or dangerous weapons.

Question 16

Some action on the part of the offender is always required for a conviction of child abuse.

Question 17

When using the ______ defense, the defendant claims the other party was the aggressor and the defendant acted in self-defense. ​

A)aggressor
B)mutual combat
C)reasonable discipline of a child by a parent
D)necessary conduct

Question 18

Hostage taking differs from kidnapping in that it lacks a "movement" element.

Question 19

In the case of assault, the aggravating factor is usually: ​

A)the use of a firearm.
B)the intent to commit a felony.
C)the use of a firearm or intent to commit a felony.
D)premeditation.

Question 20

Hostage taking is false imprisonment coupled with movement of the victim.

Question 21

That ______ is not a defense to a charge of assault or battery. ​

A)the other party consented within the rules of the sport being played
B)it was reasonable discipline of a child by a parent
C)the conduct resulted from personal bias
D)the conduct was necessary

Question 22

Under the federal National Child Search Assistance Act, parents of missing children: ​

A)have access to the National Crime Information Center's missing person files.
B)can file kidnapping charges against spouses who kidnap children.
C)must be informed of all law enforcement efforts to find the child.
D)may sue kidnappers for money damages.

Question 23

The crime of kidnapping involves unlawfully: ​

A)moving a person.
B)assaulting a person.
C)battering a person.
D)concealing a person.

Question 24

Parents do not have a legal duty to provide their children with: ​

A)education.
B)reasonable physical environment.
C)money.
D)clothing.

Question 25

In most states, parental kidnapping: ​

A)is a civil offense only.
B)may be dealt with only as part of a pending divorce case.
C)is a misdemeanor.
D)is a felony.

Question 26

That ______ is not a valid reason for the FBI to enter parental kidnapping cases through the Fugitive Felon Act: ​

A)a state arrest warrant has been issued charging the parent with a felony violation
B)law enforcement officers have evidence of interstate flight
C)a specific request for FBI assistance must be made by state authorities, who agree to extradite and prosecute
D)if the child wanted to go with the parent

Question 27

An individual who unlawfully restrains or detains another may be charged with: ​

A)false imprisonment.
B)kidnapping.
C)involuntary servitude.
D)child snatching.

Question 28

Because kidnapping requires the victim to be moved "some distance" or a "substantial distance," some states have created the crime of: ​

A)false imprisonment.
B)abduction.
C)involuntary servitude.
D)hostage taking.

Question 29

Virtually any kind of physical contact can constitute a: ​

A)battery.
B)assault.
C)hostage taking.
D)kidnapping.

Question 30

The amount of force that parents may reasonably use in controlling their children is determined in view of: ​

A)community standards.
B)the child's age and sex.
C)the child's level of education.
D)how the parents were raised.

Question 31

On the federal level, ______ would constitute disablement of the normal functioning of a human body. ​

A)affray
B)jostling
C)mayhem
D)disorderly conduct

Question 32

______ is the use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act. ​

A)Hostage taking
B)Kidnapping
C)Battery
D)Assault

Question 33

If a victim is intentionally selected because of his or her race, religion, color, nationality, etc., the defendant may be charged criminally with: ​

A)discrimination.
B)a hate crime. ​
C)abuse.
D)a violation of constitutional rights.

Question 34

That conduct was necessary to prevent a suicide: ​

A)can never be used as a defense to assault or battery.
B)can be used as a defense to assault or battery.
C)is irrelevant to an assault or battery charge.
D)can be used as a defense to assault or battery only if the victim dies.

Question 35

The primary difference between the offenses of "kidnapping" and "hostage taking" is: ​

A)one is a felony while the other is a misdemeanor.
B)there is no difference, the offenses are identical.
C)only kidnapping requires forcible movement of the victim.
D)only hostage taking was a crime under common law.

Question 36

An assault or battery may be a felony offense: ​

A)because of the seriousness of the victim's injuries.
B)because a dangerous or deadly weapon was used.
C)because of the seriousness of the victim's injuries, and because a dangerous or deadly weapon was used.
D)though not because of the seriousness of the victim's injuries, nor because a dangerous or deadly weapon was used.

Question 37

______ is similar to kidnapping but does not require moving the victim a "substantial distance." ​

A)Hostage taking
B)Interstate kidnapping
C)Parental taking
D)Hostage kidnapping

Question 38

A police officer's defense to an assault and battery charge could be that the conduct was necessary and lawful: ​

A)in the accomplishment of a lawful arrest.
B)when necessary to lawfully detain or hold a person in custody.
C)when necessary to prevent an escape of a person lawfully in custody.
D)All of these choices.

Question 39

An assault conviction requires acts intended to cause: ​

A)bodily injury, or instill fear of such injury.
B)fear of bodily injury.
C)bodily injury.
D)mental anguish.

Question 40

A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of: ​

A)false imprisonment.
B)kidnapping.
C)involuntary servitude.
D)holding against one's will.

Question 41

Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.

A)The man arrested at the bar was likely charged with: ​
B)robbery.
C)offensive touching.
D)battery.
E)mayhem.

Question 42

Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrives and places him under arrest.

A)If it can be proven that Mark landed the couch on the victim because of his race, then a _____ charge may also be added against Mark. ​
B)mayhem
C)hate crime
D)malicious disfigurement
E)domestic violence

Question 43

Taking advantage of an older person, or abusing him or her physically, is: ​

A)elder abuse.
B)retirement abuse.
C)ageism.
D)elder hate.

Question 44

Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.

A)The man in the bar may consider charging the bouncer and the bar with: ​
B)false imprisonment.
C)kidnapping.
D)involuntary servitude.
E)false arrest.

Question 45

Unlawful restraint or detention of a person is called: ​

A)false imprisonment.
B)child abduction.
C)kidnapping.
D)hostage taking.

Question 46

Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.

A)The police have issued a warrant for Chuck's arrest, charging him with: ​
B)false imprisonment.
C)pedophilia.
D)child snatching.
E)hostage taking.

Question 47

Under the federal kidnapping statute, kidnapping requires that the victim be transported: ​

A)in interstate commerce.
B)across state lines.
C)at least 100 miles.
D)even a minimal amount.

Question 48

Which of the following statements is true? ​

A)An assault can occur without a battery.
B)An aggravated assault can occur without a weapon of some sort.
C)A battery can occur without an assault.
D)Aggravated mayhem cannot occur without a battery.

Question 49

Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrives and places him under arrest.

A)Mark may be charged with aggravated battery, a felony offense, in this case: ​
B)because of the seriousness of the victim's injuries.
C)because of the reckless nature of the incident.
D)because of the seriousness of the victim's injuries and a dangerous or deadly weapon was used (the couch).
E)because a dangerous or deadly weapon was used (the couch).

Question 50

Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.

A)The man's attorney probably moved to have the charges dropped on the basis of: ​
B)the hip not being an intimate part of the body.
C)the man accidentally placed his hand on the hip.
D)the man was pushed from behind and only touched Susie's hip to steady himself.
E)the man was drunk and didn't mean anything by touching the hip.

Question 51

That the ______ is not one of the elements necessary in order to prove false imprisonment. ​

A)defendant was not related to the victim
B)act must have been intentional
C)victim must have been constrained or movement prevented in some manner
D)defendant had no legal authority to detain the victim

Question 52

Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a passerby walking below. Mark's celebration ends when campus security arrives and places him under arrest.

A)If the victim in this preface loses an eye or is disfigured in some fashion, then a charge of _____ may also be added against Mark, if it can be shown that Mark intended to hurt the victim. ​
B)domestic violence
C)hate crime
D)malicious disfigurement
E)domestic violence

Question 53

Road rage does not include: ​

A)defensive driving.
B)honking.
C)screaming at drivers.
D)murder.

Question 54

Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.

A)Upon realization that Chuck had kidnapped his daughter, under the ____, federal, state and local law enforcement must now maintain a record of the abduction. ​
B)National Child Search Assistance Act
C)National Crime Information Center Law
D)Fugitive Felon Act
E)Amber Alert system

Question 55

______ occurs when one parent abducts a child without the consent of the other parent. ​

A)Child stealing
B)Child abduction
C)Child snatching
D)All of these choices

Question 56

Under the federal kidnapping statute, transportation begins: ​

A)when a state line is crossed.
B)when the victim is first abducted, unless the victim dies before crossing a state line.
C)when a state line is crossed, but only if the victim is still alive.
D)when the victim is first abducted, even if the victim is killed before crossing a state line.

Question 57

Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when they arrive on the scene they arrest the man.

A)The crime the man was arrested for falls under the heading of: ​
B)sexual assault.
C)simple assault.
D)menacing.
E)battery.

Question 58

The definition of a battery is: ​

A)a successful assault.
B)an unsuccessful use of a weapon.
C)an attempt to induce physical harm on another person.
D)any violent act below aggravated mayhem.

Question 59

Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home, but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his daughter to her mother, who has legal custody.

A)A reason for a parent to abduct a child from the other parent would not include: ​
B)financial gain.
C)to protect the child from the other parent.
D)to bring about a reconciliation of the marriage.
E)harassment of the other spouse.

Question 60

The definition of an assault is: ​

A)a successful battery.
B)an unsuccessful use of a weapon.
C)the attempt to induce physical harm on another person. ​
D)any violent act below aggravated mayhem.

Question 61

Explain the circumstances under which physical contact without consent may constitute a criminal offense. Provide examples.

Question 62

Intentionally placing or attempting to place another in fear of immediate serious physical injury is the crime of ______.

Question 63

Explain how federal courts have distinguished the criminal offenses of mayhem and malicious disfigurement.

Question 64

Define "present ability" to commit an assault, and explain the impact that lack of present ability can have on an assault charge.

Question 65

Included in the crime of _________ today are (1) an attempt to commit a battery in which no actual battery or physical injury resulted, and/or (2) an intentional frightening.

Question 66

Assault made more serious by the presence of a(n) ____ or as part of intent to commit a felony is aggravated assault.

Question 67

For purposes of an aggravated assault or aggravated battery charge, explain what may constitute a "deadly or dangerous weapon."

Question 68

Willfully inflicting an injury on another so as to cripple or mutilate the person is referred to as ____.

Question 69

____ is a common defense asserted in assault and battery charges.

Question 70

A defense to an assault and battery charge incurred during participation in sports is that the other party ______ within the rules of the sport being played.

Question 71

List and explain the defenses available to a defendant charged with the crime of assault or battery.

Question 72

Unpermitted physical contact with another person, usually limited to private or genital areas, is the crime of ______.

Question 73

____________ reporting laws require people coming in contact with children to report suspected child abuse.

Question 74

The _________ holds that only a mother has the nurturing qualities needed to love and care for a child through the early part of the child's life, or the tender years.

Question 75

The presence of one or more ___________ factors could result in an assault or battery being charged as a felony.

Question 76

The US Supreme Court has ruled that parents and people acting in the place of parents may use force __________ believed necessary for the child's proper control, training, or education.

Question 77

The offense of hostage taking may include all of the elements of kidnapping except __________ of the victim.

Question 78

Child ___________ is the abduction of a child by one parent without the consent of the other parent.

Question 79

An attempt to commit a battery is a(n) ___.

Question 80

In many states the crime of assault also includes ____.