Exam 6: Assault and Sexual Assault

Jack is attending a professional baseball game.He is sitting in the centerfield bleachers.A member of the visiting team hits a home run.Jack catches the ball.Since the homer was hit by a member of the opposing team,Jack throws the ball back onto the field.Unfortunately,his throw goes wild and the ball strikes Reggie,a peanut vendor who is walking down the aisle.Reggie is knocked unconscious.Emergency medical personnel revive Reggie,who has suffered no permanent injury.Jack has committed:

An assault charge can be elevated to an aggravated assault charge if the offender causes ___________ bodily injury.

Paul and several thousand other fans are exiting a stadium following attendance at a professional football game.As the crowd walks toward the exit,Craig,a very large individual,bumps into Paul.Due to their difference in size,the bump knocks Paul against the iron railing.Once at his home Paul notices a bruise on his side.Despite Paul's bruise,Craig has committed no offense.

Sending another person an email that threatens serious bodily injury is the offense labeled ________ threat.

To constitute assault by threat,the offender must threaten another with __________ bodily injury.

Across the nation the legal age of consent varies from state to state.In Texas,the age of consent is 17 even though one cannot lawfully buy cigarettes until age 18 or alcohol until age 21.Should the age of consent be changed? Should the age be different for women and men? Should the age be different depending on whether the conduct involves same sex or different sex partners?

Are the Texas definitions of "bodily injury" and "serious bodily injury" so ambiguous as to provide too much discretion to the prosecutor on whether conduct is a felony or a misdemeanor?

If Jeff purposefully strikes Fred and causes Fred to suffer pain,Jeff only commits the crime of assault,not aggravated assault,no matter the intensity or duration of Fred's pain.

An assault will elevate to felony aggravated assault when the victim suffers serious bodily injury.Define the phrase "serious bodily injury" and give three examples.

Marie,a 28-year-old female,asks her neighbor Jason,a 15-year-old male,if he would like to have sex with her.Jason readily agrees.The two begin a several week relationship and engage in sexual intercourse daily in Marie's home.Jason's mother learns of the affair and contacts the police.Under Texas law Marie has committed:

Anything,depending on how the object is used,can meet the Texas Penal Code definition of a "deadly weapon."

The threat of physical force to obtain compliance to engage in sexual intercourse is not legal consent and such conduct constitutes sexual assault.

One reason patients sign medical releases prior to surgery is to prevent claims of criminal assaultive conduct against the physician.

Charles and Margaret have gone through a contentious divorce.Two months after the divorce decree,Charles begins calling Margaret on the telephone.Every night about 3 am he telephones Margaret and when she answers,he says simply,"You are going to die soon." He then hangs up.Charles conduct constitutes the offense of:

Texas statute requires a victim of a sexual assault make immediate outcry,otherwise a presumption arises that the sexual conduct was consensual.

Under the provisions of the Texas Penal Code,a ________ is always a deadly weapon.

Penetration is a key element of ___________ assault.

Anything that in its manner of use is capable of causing death or serious bodily injury is known as a ___________ weapon.

John and Don approach Carla at a private party being held at Ron's home.Everyone has been drinking heavily and smoking marihuana.John and Don take Carla into an upstairs bedroom and begin to undress her.Carla says,"Stop! I don't want to do this." John and Don ignore her comments.Both engage in sexual intercourse with Carla.The next day Carla reports the incident to the police and the two men are arrested.The prosecutor will likely charge the men with ______(three words)_________ because they acted in concert with each other.

Elizabeth and Crissy get into an argument over a boy,Jacob.Elizabeth shoves Crissy into the wall and tells her to stay away from Jacob.Elizabeth has committed an assault.