Crimes Against the Person (Non-Homicide) Flashcards

Dan locks Vic in a room, but Vic knows there is an unlocked door on the other side that leads safely outside. Is Dan guilty of false imprisonment?

Answer: No, because a known, reasonable means of escape means there was no confinement

Confinement is lacking where the victim knows of a reasonable, safe means of exit.

At common law, kidnapping was defined as the forcible abduction or stealing away of a person and:

Answer: Sending the victim into another country

Common law kidnapping required forcible abduction and removal of the victim to another country.

During a robbery, Dan forces a store clerk to walk ten feet from the counter to the safe. Under the modern approach, is Dan also guilty of kidnapping?

Answer: No, because the movement was brief and merely incidental to the robbery

Most jurisdictions hold that trivial movement incidental to another crime that does not substantially increase the risk of harm is not kidnapping.

Dan seizes Vic and holds her in a basement, demanding $50,000 from her family for her release. Dan is guilty of:

Answer: Aggravated kidnapping

Kidnapping for ransom is a classic form of aggravated kidnapping under modern statutes.

Dan persuades a 6-year-old to walk away with him from a playground by offering candy, and the child goes willingly. Is the child's willingness a defense to kidnapping?

Answer: No, because a young child is legally incapable of giving valid consent

A young child cannot validly consent to being taken, so luring the child away can constitute kidnapping.

Dan blocks Vic in a stairwell for three minutes, intentionally preventing her from leaving, then lets her go unharmed. Is Dan guilty of false imprisonment?

Answer: Yes, because the duration of an unlawful confinement is immaterial

Any intentional, unlawful confinement without consent, however brief, satisfies false imprisonment.

A store manager, with reasonable grounds, briefly detains a suspected shoplifter in a reasonable manner while awaiting police. The manager's best defense to false imprisonment is:

Answer: The shopkeeper's privilege

Merchants may detain suspected shoplifters on reasonable grounds, in a reasonable manner, for a reasonable time.