Questions and Answers
What does it mean to restrain a person with intent to prevent his liberation by use of deadly force?
Abduct
What is defined as to restrict a person's movement without consent, so as to interfere substantially with his liberty?
Restrain
What is the term for intentionally restraining another person?
Unlawful Restraint
What does it mean to intentionally abduct another person?
Signup and view all the answers
What is the term for intentionally abducting another person with the intent to terrorize them and then let them go?
Signup and view all the answers
What does 'X' abducting 'Z' and holding him for ransom indicate?
Signup and view all the answers
If 'X' takes 'Z' hostage during an armed robbery, what is 'X' guilty of?
Signup and view all the answers
What charge applies if 'X' abducts 'Z' at gunpoint without asking for ransom?
Signup and view all the answers
Aggravated kidnapping is a _____ degree felony.
Signup and view all the answers
Kidnapping is a _____ degree felony.
Signup and view all the answers
'X' voluntarily released 'Z' (his aggravated kidnapping victim) in a safe place. 'X' can reduce his offense to a _____ felony of this act.
Signup and view all the answers
What is the classification when 'X' kidnaps a person and demands a ransom but releases them safely before receiving it?
Signup and view all the answers
What is the primary difference between unlawful restraint and kidnapping?
Signup and view all the answers
Under what circumstance does kidnapping become aggravated kidnapping?
Signup and view all the answers
What is the difference between restrain and abduct?
Signup and view all the answers
'X' intentionally and knowingly abducts 'Y' and holds him for ransom. What is 'X' guilty of?
Signup and view all the answers
'X' intentionally and knowingly abducts 'Y' at gunpoint. What crime is committed?
Signup and view all the answers
'X' intentionally and knowingly restrains 'Y' against her will by force. What is 'X' NOT guilty of?
Signup and view all the answers
'X' abducts the store manager at gunpoint to make a good escape during an armed robbery. What is 'X' guilty of?
Signup and view all the answers
'X' intentionally and knowingly abducts 'Y' by threatening him with deadly force. What is 'X' guilty of?
Signup and view all the answers
What is the primary difference between robbery and theft?
Signup and view all the answers
Under what conditions does robbery become aggravated robbery?
Signup and view all the answers
What are the primary differences between assault and terroristic threat?
Signup and view all the answers
What distinguishes criminal mischief from reckless damage?
Signup and view all the answers
What differentiates arson from criminal mischief?
Signup and view all the answers
What is the difference between assault and aggravated assault?
Signup and view all the answers
What distinguishes offensive gesture/display from indecent exposure?
Signup and view all the answers
What is the difference between harassment and a terroristic threat?
Signup and view all the answers
What is the difference in the definition of 'entry' in criminal trespass versus burglary?
Signup and view all the answers
'X' sends 'Y' a note threatening him with serious bodily injury. What is 'X' guilty of?
Signup and view all the answers
What was the drunken man arrested for when found urinating in public?
Signup and view all the answers
What is the charge against a man who intentionally threw paint on the walls of the Mayor's home?
Signup and view all the answers
Study Notes
Abduction and Restraint Definitions
- Abduct: To restrain a person to prevent their liberation by using deadly force.
- Restrain: To restrict someone's movement without consent, interfering with their liberty by moving or confining them.
- Unlawful Restraint: Intentionally restraining another person.
- Kidnapping: Intentional abduction of another person.
- Aggravated Kidnapping: Intentional abduction with intent to terrorize, hold for ransom, or use as a shield in a crime.
Legal Consequences and Degrees
- Aggravated kidnapping is classified as a 1st degree felony.
- Kidnapping is classified as a 3rd degree felony.
- Voluntarily releasing a kidnapping victim in a safe location can reduce the offense to a 2nd degree felony.
Differences in Definitions
- Unlawful Restraint vs. Kidnapping:
- Kidnapping involves abduction; unlawful restraint involves confinement.
- Restrain vs. Abduct:
- Abduction includes deadly force or concealment; restraint is confinement without consent.
Application of Kidnapping Laws
- Abducting a person for ransom constitutes aggravated kidnapping.
- Kidnapping during an armed robbery while using the victim as a shield is categorized as aggravated kidnapping.
Comparisons of Related Offenses
- Robbery vs. Theft: Robbery involves the use of force.
- Aggravated Robbery: Requires serious bodily injury, use of a deadly weapon, or threats to vulnerable individuals.
- Assault vs. Terroristic Threat: Assault entails serious bodily injury, while a terroristic threat involves threatening bodily injury.
- Criminal Mischief vs. Reckless Damage: Criminal mischief is intentional, whereas reckless damage is conducted recklessly.
- Arson vs. Criminal Mischief: Arson's destruction is confined to fire, while criminal mischief includes damages beyond fire.
Distinction in Conduct Offenses
- Offensive Gesture/Display vs. Indecent Exposure: Indecent exposure pertains to intent for sexual gratification.
- Harassment vs. Terroristic Threat: Harassment does not involve imminent harm, whereas a terroristic threat implies imminent serious injury.
- Criminal Trespass vs. Burglary: Burglary considers any part of the body as entry, while criminal trespass requires the entire body.
Specific Criminal Examples
- Intentionally threatening someone with serious bodily injury through a note constitutes harassment.
- Disorderly conduct may involve actions such as public urination that offend witnesses.
- Criminal mischief can be charged for intentionally damaging property, such as throwing paint on walls.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your understanding of key terms from Penal Code Chapter 20 with these flashcards. Each card presents a definition related to restraint and abduction. Perfect for law students preparing for exams or anyone interested in criminal law concepts.