Criminal Behavior, Part 5
Question 1: Define assault. Define battery. List different types of assault.
Answer 1: Assault is a threat of physical harm that may or may not include bodily contact, but no violence or harm to the victim. The infliction of nonfatal physical injury is called battery. Types of assault include:Simple assault is assault that threatens someone, but with no actual harm occurring.Aggravated assault is assault with intent to cause harm, as opposed to assault intended to frighten or intimidate.Assault and battery is assault leading to actual physical harm or violence.Menacing is assault involving simple physical contact with a victim.Mayhem is assault that disfigures someone or removes a body part. Jostling is assault by pushing or shoving the victim. In some jurisdictions, picking someone's pocket can be considered jostling.
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Question 2: Define arson.
Answer 2: Arson is setting a fire with criminal intent. The fire can be intended to destroy property, such as a dwelling or commercial building, or a natural area, such as woodlands. The property may belong to the arsonist (who may be setting the fire to hide evidence of a crime or for insurance purposes), or it may belong to someone else. Arson is always a felony. In some jurisdictions there are degrees of arson established by statute:First-degree arson is setting fire to occupied premises.Second-degree arson is setting fire to unoccupied premises not owned by the arsonist.Third-degree arson is setting fire to unoccupied premises owned by the arsonist.Because arson requires malicious intent, it is necessary for prosecutors to establish a motive. Motives for arson can vary and include revenge, insurance fraud, vandalism, hiding criminal evidence, or excitement.
Question 3: Define burglary.
Answer 3: Burglary is entering or attempting to enter a building with the intention of committing a crime (usually, but not always, theft). The term breaking and entering is used for some types of burglary, but breaking into a building is not always necessary for an act to be considered burglary. Attempted entry can also constitute burglary as can staying in a building after authorized hours for criminal purposes. Some jurisdictions recognize varying degrees of burglary:First-degree burglary is defined as burglary of a dwelling while armed that includes physical injury to someone.Second-degree burglary is defined as burglary of a dwelling while armed or with physical injury to someone, but not both.Third-degree burglary is defined as burglary by an unarmed burglar with no resulting physical injury.
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