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7 Cards in this Set

  • Front
  • Back
Assault
UNLAWFUL APPLICATION OF FORCE to the person of another resulting in either BODILY INJURY OR AN OFFENSIVE TOUCHING.

Need not be intentional.
Need not be direct - causing dog you are holding, or tool to touch is battery
First Degree Kidnapping

(Qualifies 1st degree murder)
When a person abducts another:

1. With the INTENT TO COMPEL a third person to pay RANSOM or to act or refrain from acting; OR

2. He RESTRAINS THE VICTIM FOR MORE THAN 12 HOURS with the INTENT TO INFLICT PHYSICAL INJURY or sexual violation or abuse;
accomplish or advance a felony;
terrorize the victim or a third person; or
interfere with the performance of a govermental or political function; OR

3. The VICTIM DIES during the abduction or before safe return.
Victim under 16 or incompetent not seen/ heard/ from of proof of life is presumed dead. Victim over 16 presumed dead from failure to contact.
Misdemeanor Custodial Interference
RELATIVE of person under 16 or incompetent takes person FROM LAWFUL CUSTODIAN with the INTENT TO WRONGFULLY HOLD PERMANENTLY OR FOR A PROTRACTED PERIOD.
Second Degree Kidnapping
Abducting someone.

absent ransom/ 12 hours with intent to inflict injury or sexual abuse/ victim dies
Affirmative defense to Kidnapping
1. Victim was RELATIVE; and
2. D SOLE PURPOSE was to assume control over the victim
Felony Custodial Interference
Person under 16 taken by relative and EXPOSED TO A RISK that endandangers safety or impairs health; or

with intent to permanently remove, the victim is REMOVED FROM NY STATE
Affirmative Defense to Custodial Interference
ONLY a defense to the 'removal from NY State' if victim was removed:

1. because ABANDONED or
2. to protect from ABUSE