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13 Cards in this Set

  • Front
  • Back
TPC Assault
22.01
1. I/K/R causes BI to another
2. I/K threatens w/imm BI
3. I/K causes off/prov/ touch (which K or Should Reas Bel would off/prov)

Felony only if (1) and special victim
CL Battery
1. unlawful
2. application of force
3. to another
4. causing injury/offensive touch
TPC Agg Assault
22.02
0. 22.01 PLUS
1. causes SBI OR
2. uses/shows DW

1 degree felony if
1. DW and causes SBI
2. Special victim
CL Assault
Maj:
1. causing fear of imm battery
2. apprehension is reasonable

Min:
1. failed attempt at battery
2. present ability to complete

**words not enough
TPC Deadly Conduct
22.05
1. R puts 3P in imm dgr of SBI (m)
2. K fires gun at (3 deg felony):
a. people
b. hab/bldg/veh & R re: whether it's occupied

NO DEFENSE: believed gun unloaded
TPC Injury to a Child
22.04 injury to child/elder
-remember case saying child part (at least in shooting) DN need MR

1. I/K/R/N
2. causing SBI
3. to child/elderly
CL Kidnapping
1. forcible
2. asportation
3. of person
4. from one country to another
TPC Agg Kidnapping
20.04 (first deg felony)
1. I/K abducts person
2. w/ intent to
a. hold for ransom
b. use as shield/hostage
c. facil. comm/flight from felony
d. cause BI or sex abuse
e. terrorize vic or 3P
f. interfere w/ govt fxn
2. OR uses/shows DW

MITIGATE: rls vic in safe place
TPC Kidnapping
20.03 3 degree felony
1. I/K abducts person
a. restrain
...restrict mvmt w/o consent
.......force, intim, deception
.......young vic (spec rule)
...move vic
...confining vic
b. w/ I to prevent liberation
c. by:
...hold in plc unlikely found
...using/threatening DF
TPC Aff Def to Kidnapping
20.03
1. No I to use/threaten DF
2. D is relative of vic
3. I to get lawful ctrl of vic
MPC Kidnapping
212.1
1. Unlawful
...a. removes vic substantial distance from home/biz OR
...b. confines vic for subst time in isolation

2. w/ intent to
...a. hold vic for ransom/reward
...b. use vic as shield/hostage
...c. inflict BI or terrorize vic/3P
...d. interfere w/ gov't fcn
Modern Kidnapping
(felony)

1. unlawful
2. abduction/secret confinement
3. of person
4. w/ intent to
...a. get ransom/benefit (maj)
...b. facilitate other felony (min)
Dixon Factors/Rule
Is kidnapping incidental to crime?

risk of detection
injury/threat to victim
time
distance

Rule: any restraint in addition to that which is NECESSARY to consummate rape or robbery may support a separate conviction for KN