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COMMON LAW CONFINEMENT
FALSE IMPRISONMENT
1) Elements
2) Required mental state
1) ELEMENTS
- the UNLAWFUL
- CONFINEMENT of a person
- without CONSENT
2) GENERAL INTENT
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COMMON LAW CONFINEMENT
KIDNAPPING
1) Elements
2) Required mental state
3) Aggravated kidnapping
1) ELEMENTS
- False imprisonment
- that involves MOVING the victim or CONCEALING the victim in a secret place
2) GENERAL INTENT
3) AGGRAVATED KIDNAPPING—add one of the following
- purpose is to collect RANSOM
- purpose is to commit ROBBERY or RAPE
- victim is a CHILD
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NEW YORK CONFINEMENT OFFENSES
UNLAWFUL IMPRISONMENT
1) Second degree
2) First degree
1) ELEMENTS OF 2ND DEGREE
- UNLAWFULLY
- RESTRAINING someone
- without their CONSENT, and
- with KNOWLEDGE that the restriction is UNLAWFUL (i.e., mistake of law IS a defense)
2) ELEMENTS OF 1ST DEGREE
- Second degree unlawful imprisonment, PLUS
- risk of SERIOUS PHYSICAL INJURY
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NEW YORK CONFINEMENT OFFENSES
KIDNAPPING
1) Second degree
2) First degree
1) 2ND DEGREE ELEMENTS—Abducting someone
2) 1ST DEGREE ELEMENTS—2nd degree, PLUS one of the following
- RANSOM
- RESTRAINT of victim for more than 12 HOURS with intent to RAPE, injure, or ROB the victim
- DEATH of the victim
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SEX OFFENSES
FORCIBLE RAPE
1) Elements
2) Required mental state
1) ELEMENTS
- SEX
- without the victim's CONSENT
- accomplished by FORCE, THREAT of force, or when the victim is UNCONSCIOUS
2) GENERAL INTENT
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SEX OFFENSES
STATUTORY RAPE
1) Elements
2) Required mental state
3) Age of consent?
1) SEX with someone UNDER AGE OF CONSENT
2) REQUIRED MENTAL STATE
- Majority Rule: Strict liability (no mental state required)
- MPC/Minority: REASONABLE mistake of age IS a defense
3) NY AGE OF CONSENT = 17
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