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Aggravated Assault
Assault w/ Deadly Weapon
Armed Robbery
Arson
The felony crime of intentionally burning a house or other
building. The perpetrators range from mentally ill pyromaniacs
to store owners hoping to get insurance proceeds.
Historically, arson meant just the burning of a house, but now
covers any structure. A death resulting from arson is murder.
Assault
The threat or attempt to strike
another, whether successful or not, provided the target is
aware of the danger. The assaulter must be reasonably capable
of carrying through the attack. In some states if the assault
is with a deadly weapon (such as sniping with a rifle), the
intended victim does not need to know of the peril. Other
state laws distinguish between different degrees (first or
second) of assault depending on whether there is actual
hitting, injury or just a threat.
Battery
The actual intentional striking of someone, with intent to
harm, or in a "rude and insolent manner" even if the
injury is slight. Negligent or careless unintentional contact
is not battery no matter how great the harm. Battery is a
crime and also the basis for a lawsuit as a civil wrong if
there is damage.
Burglary
The crime of breaking and entering into a
structure for the purpose of committing a crime. No great
force is needed (pushing open a door or slipping through an
open window is sufficient) if the entry is unauthorized.
Contrary to common belief, a burglary is not necessarily for
theft. It can apply to any crime, such as assault or sexual
harassment, whether the intended criminal act is committed or
not. Originally under English common law burglary was limited
to entry in residences at night, but it has been expanded to
all criminal entries into any building, or even into a
vehicle.
Child
Abuse
The Child Abuse Prevention and Treatment Act defines child
abuse and neglect as: "at a minimum, any recent act or
failure to act on the part of a parent or caretaker, 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."
For
CAPTA, the term child is someone who has not reached the age
of 18; or (except in the case of sexual abuse) the age
specified by the child protection law of the State in which
the child resides;
CAPTA
defines the term "sexual abuse" as: "the
employment, use, persuasion, inducement, enticement, or
coercion of any child to engage in, or assist any other person
to engage in, any sexually explicit conduct or simulation of
such conduct for the purpose of producing a visual depiction
of such conduct; or the rape, and in cases of caretaker or
inter-familial relationships, statutory rape, molestation,
prostitution, or other form of sexual exploitation of
children, or incest with children."
Domestic
Violence
The continuing crime and problem of the physical beating of a
wife, girlfriend or children, usually by the woman's male
partner (although it can also be female violence against a
male). It is now recognized as an antisocial mental illness.
Sometimes a woman's dependence, low self-esteem and fear of
leaving cause her to endure this conduct or fail to protect a
child. Prosecutors and police often face the problem that a
battered woman will not press charges or testify due to fear,
intimidation and misplaced "love." Increasingly
domestic violence is attracting the sympathetic attention of
law enforcement, the courts and community services, including
shelters and protection for those in danger.
Hate Crimes
Homicide
The killing of a human being due to the act or omission of
another. Included among homicides are murder and manslaughter,
but not all homicides are a crime, particularly when there is
a lack of criminal intent. Non-criminal homicides include
killing in self-defense, a misadventure like a hunting
accident or automobile wreck without a violation of law like
reckless driving, or legal (government) execution. Suicide is
a homicide, but in most cases there is no one to prosecute if
the suicide is successful. Assisting or attempting suicide can
be a crime.
Kidnapping
The taking of a
person against his/her will (or from the control of a parent
or guardian) from one place to another under circumstances in
which the person so taken does not have freedom of movement,
will, or decision through violence, force, threat or
intimidation. Although it is not necessary that the purpose be
criminal (since all kidnapping is a criminal felony) the
capture usually involves some related criminal act such as
holding the person for ransom, sexual and/or sadistic abuse,
or rape. It includes taking due to irresistible impulse and a
parent taking and hiding a child in violation of court order.
An included crime is false imprisonment. Any harm to the
victim coupled with kidnapping can raise the degree of felony
for the injury and can result in a capital (death penalty)
offense in some states, even though the victim survives.
Originally it meant the stealing of children, since
"kid" is child in Scandinavian languages, but now
applies to adults as well.
Larceny
The crime of taking the goods of another person without
permission (usually secretly), with the intent of keeping
them. It is one form of theft. Some states differentiate
between grand larceny and petty larceny based on the value of
the stolen goods. Grand larceny is a felony with a state
prison sentence as a punishment and petty larceny is usually
limited to county jail time.
Manslaughter
The unlawful killing of another person without premeditation
or so-called "malice aforethought" (an evil intent
prior to the killing). It is distinguished from murder (which
brings greater penalties) by lack of any prior intention to
kill anyone or create a deadly situation. There are two levels
of manslaughter: voluntary and involuntary. Voluntary
manslaughter includes killing in heat of passion or while
committing a felony. Involuntary manslaughter occurs when a
death is caused by a violation of a non-felony, such as
reckless driving (called "vehicular manslaughter").
First
Degree Murder
Although it varies from state to state, it is generally a
killing which is deliberate and premeditated (planned, after
lying in wait, by poison or as part of a scheme), in
conjunction with felonies such as rape, burglary, arson, or
involving multiple deaths, the killing of certain types of
people (such as a child, a police officer, a prison guard, a
fellow prisoner), or certain weapons, particularly a gun. The
specific criteria for first degree murder, are established by
statute in each state and by the U.S. Code in federal
prosecutions. It is distinguished from second degree murder in
which premeditation is usually absent, and from manslaughter,
which lacks premeditation and suggests that at most there was
intent to harm rather than to kill.
Second
Degree Murder
A non-premeditated killing, resulting from an assault in which
death of the victim was a distinct possibility. Second degree
murder is different from first degree murder, which is a
premeditated, intentional killing or results from a vicious
crime such as arson, rape or armed robbery. Exact distinctions
on degree vary by state.
Rape
The crime of sexual intercourse (with actual penetration of a
woman's vagina with the man's penis) without consent and
accomplished through force, threat of violence or intimidation
(such as a threat to harm a woman's child, husband or
boyfriend). What constitutes lack of consent usually includes
saying "no" or being too drunk or drug-influenced
for the woman to be able to either resist or consent, but a
recent Pennsylvania case ruled that a woman must do more than
say "no" on the bizarre theory that "no"
does not always mean "don't," but a flirtatious
come-on. "Date rape" involves rape by an
acquaintance who refuses to stop when told to. Defense
attorneys often argue that there had to be physical
resistance, but the modern view is that fear of harm and the
relative strengths of the man and the woman are obvious
deterrents to a woman fighting back. Any sexual intercourse
with a child is rape and in most states sexual relations even
with consent involving a girl 14 to 18 (with some variation on
ages in a few states) is "statutory rape," on the
basis that the female is unable to give consent. 2) to have
sexual intercourse with a female without her consent through
force, violence, threat or intimidation, or with a girl under
age. Technically, a woman can be charged with rape by
assisting a man in the rape of another woman. Dissatisfied
with the typical prosecution of rape cases (in which the
defense humiliates the accuser, and prosecutors are unable or
unwilling to protect the woman from such tactics), women have
been suing for civil damages for the physical and emotional
damage caused by the rape, although too often the perpetrator
has no funds. Protection services for rape victims have been
developed by both public and private agencies. On the other
side of the coin, there is the concern of law enforcement and
prosecutors that women whose advances have been rejected by a
man, or who have been caught in the act of consensual sexual
intercourse may falsely cry "rape."
Robbery
(1) the direct taking of property (including money) from a
person (victim) through force, threat or intimidation. Robbery
is a felony (crime punishable by a term in state or federal
prison). "Armed robbery" involves the use of a gun
or other weapon which can do bodily harm, such as a knife or
club, and under most state laws carries a stiffer penalty
(longer possible term) than robbery by merely taking; (2) a
term improperly used to describe thefts, including burglary
(breaking and entering) and shoplifting (secret theft from the
stock of a store), expressed: "We've been robbed."
Sexual
Assault
Sexual contact usu. that is
forced upon a person without consent or inflicted upon a
person who is incapable of giving consent (as because of age
or physical or mental incapacity) or who places the assailant
(as a doctor) in a position of trust
Note: Sexual assault in its most serious forms (often
classified as first degree sexual assault) involves
nonconsensual sexual penetration. In its less serious forms it
may be the equivalent of statutory rape.
Sexual
Harassment
Unwanted sexual approaches (including touching, feeling,
groping) and/or repeated unpleasant, degrading and/or sexist
remarks directed toward an employee with the implied
suggestion that the target's employment status, promotion or
favorable treatment depend upon a positive response and/or
"cooperation." Sexual harassment is a private
nuisance, unfair labor practice or, in some states, a civil
wrong (tort) which may be the basis for a lawsuit against the
individual who made the advances and against the employer who
did not take steps to halt the harassment. A legal secretary
recently won an award of more than $3 million against a
prominent law firm in California for not controlling a partner
notorious for his sexual harassment of female employees.
Stalking
Stalking laws in most states
pertain to a relatively new crime involving a clear pattern of
conduct in which the offender follows, harasses, or threatens
another person, putting that person in fear for his or her
safety. An individual may be charged with stalking regardless
of any pre-existing relationship with the victim. Stalking
victims can range from celebrities to former spouses who have
obtained a protective order against their ex.
Terrorist Threats
Theft
The generic term for all crimes in which a person
intentionally and fraudulently takes personal property of
another without permission or consent and with the intent to
convert it to the taker's use (including potential sale). In
many states, if the value of the property taken is low (for
example, less than $500) the crime is "petty theft,"
but it is "grand theft" for larger amounts,
designated misdemeanor or felony, respectively. Theft is
synonymous with "larceny." Although robbery (taking
by force), burglary (taken by entering unlawfully) and
embezzlement (stealing from an employer) are all commonly
thought of as theft, they are distinguished by the means and
methods used and are separately designated as those types of
crimes in criminal charges and statutory punishments.
Third Strike Cases
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