by Matt lair

Analysis of Personal Crimes

mattlair2005 — 2014-08-04 21:16:40 UTC

Matthew Lair

CJA/354

August 4, 2014

Christopher Bragg

Assault, Battery, and Mayhem

mattlair2005 — 2014-08-04 21:17:27 UTC

An assault is "A willful attempt or willful threat to inflict injury on another person."(Schmalleger, Hall, & Dolatowski, 2010) Battery is the use of physical force against someone without his or her consent that results in psychical harm or offensive. Mayhem is a combination of Assault and Battery. Mayhem is more violent than battery in that it results in a more serious injury up to and including death. Sexual Assault occures more frequently than some might imagine. Every two mintues there is a sexual assault that has taken place somewhere in the United States.

Kidnapping vs. False Imprisonment

mattlair2005 — 2014-08-04 21:40:50 UTC

Kidnapping is the "unlawful removal of a person from the place where he or she is found, against that person's will and through the use of force, fraud, threats, or some other form of intimidation. "(Schmalleger, Hall, & Dolatowski, 2010) False Imprisonment is holding someone against their liberties without the proper authority to do so. There are a lot of times when false imprisonment takes place and nobody really considers it a crime. If an employer can be guilty of false imprisonment if they confine an employee into a room and start to question about an employee theft that took place. The reason this is considered false imprisonment is because the employee does not have the proper authority to hold someone in a room and start questioning them.

Rape v. Statutory Rape

mattlair2005 — 2014-08-04 22:12:37 UTC

Rape is "unlawful sexual intercourse with a female without her consent."(Schmalleger, Hall, & Dolatowski, 2010) Whereas statutory rape is the "illegal and unlawful engaging of sexual activity with a minor. The main difference between rape and statutory rape is that rape is a general crime that can occur between a male and a female who are in a relationship. Whereas with "statutory rape its when an adult has engaged in sexual activity with someone who is considered a minor." (criminal.laws.com, 2013) Some states also take into consideration the age difference between the two parties. Most of the time the bigger the age difference the more serious the crime is considered.

Punishment in Illinois

mattlair2005 — 2014-08-04 23:04:53 UTC

According to the law in Illinois sexual assault is defined as “a person commits criminal sexual assault if that person commits an act of sexual penetration and uses force of threat of force, knows the victim lacks capacity to give consent, is a family member of the victim and the victim is under the age of eighteen.” (statelaws.findlaw.com, 2014) The punishment depends on the circumstance and whether the suspect has prior convictions. Usually four years up to life in prison. Battery is conduct that causes bodily harm to another person and in the state of Illinois if you are convicted of battery you can face up to thirty days in jail, a fine up to fifteen hundred dollars or both.

Illinois defines two types of kidnapping charges someone can face. The first one is kidnapping, which occurs when a “person knowingly and secretly confines another person against his/her will by using force, threat of force, deceit, enticement. Aggravated kidnapping is when he/she kidnaps another to obtain ransom, inflicts body harm armed with a dangerous weapon.” (kidnapping.uslegal.com, 2014) Both of these crimes result in a prison term and a fine.

Punishment in Illinois and Missouri

mattlair2005 — 2014-08-05 00:33:20 UTC

Punishment in Missouri

mattlair2005 — 2014-08-05 00:58:29 UTC

According to Missouri law there are three types of degrees of assault one can face. Fist degree states that “a person commits the crime of assault in the First Degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.” (missouri-criminal-defense.com, 2014) Second Degree if “a person attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause.” (missouri-criminal-defense.com, 2014) Third Degree is when a person recklessly causes physical injury to another. The punishment for assault ranges from jail time and a fine all the way up to thirty years in prison.

“According to § 565.110 R.S.Mo, a person commits the crime of kidnapping if s/he unlawfully removes another without his or her consent from the place where s/he is found or unlawfully confines another without his or her consent for a substantial period, for the purpose of holding that person for ransom or reward, or for any other act to be performed or not performed for the return or release of that person.”(kidnapping.uslegal.com, 2014) The punishment for this type of crime ranges from five to thirty years depending on the type of charge one is faced.

In Missouri the age of consent for sexual activity is seventeen. You can be charged with statutory rape, statutory sodomy, or child molestation. The type of charge one can face depends on the age of the victim. In Missouri the punishment for such crime depends on the charge. Sentencing can result in four years in prison up to a year as well as a fine.

References

mattlair2005 — 2014-08-05 00:59:15 UTC

Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today (4th ed.). Upper Saddle River, NJ: Prentice Hall.

criminal.laws.com. (2013). Facts About Statutory Rape You Must Know. Retrieved from http://criminal.laws.com/statutory-rape

kidnapping.uslegal.com. (2014). Illinois Kidnapping/Abduction Laws. Retrieved from http://http://kidnapping.uslegal.com/state-kidnapping-abduction-laws/illinois-kidnappingabduction-laws/

missouri-criminal-defense.com. (2014). Missouri Criminal Defense Lawyers. Retrieved from http://www.missouri-criminal-defense.com/assault/

statelaws.findlaw.com. (2014). Illinois Sexual Assault Laws. Retrieved from http://http://statelaws.findlaw.com/illinois-law/illinois-sexual-assault-laws.html