Kidnapping refers to the unlawful taking and carrying away of another person with the intent to deprive

Question:

• Kidnapping refers to the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.

• False imprisonment has been defined as forcing a person

“to remain where he does not wish to remain.”

• The actus reus of carjacking usually contains two elements:

(1) taking of another person’s occupied motor vehicle (2) by use of a deadly weapon and/or force or intimidation.

• Domestic violence is defined as the “willful intimidation, assault, battery, sexual assault or other abusive behavior perpetrated by one family member, household member, or intimate partner against another.”

• Child abuse is defined as “Any recent act or failure to act on the part of a parent or caretakers, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.”

• According to federal law, harassment is defined as “a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.”

• Stalking is defined in much the same way as harassment, but it usually adds an element of following the victim in some form or fashion.

• Cyberbullying, also referred to as electronic bullying, is “the willful and repeated use of cell phones, computers, and other electronic communication devices to harass and threaten others.”

Questions:-

1. The term “kidnapping” is a misnomer. Why?
2. Compare and contrast kidnapping and false imprisonment.
3. Carjacking combines elements of what two offenses?
4. Compare and contrast harassment and stalking.

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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