571: Listen and Learn -- Crimes Against the Person (Part 2)

Let's look at another scenario that raises different issues.

Sarah is shopping at a mall when her ex-boyfriend Tom approaches her.

Tom grabs Sarah's arm and says they need to talk.

Despite her protests, he pulls her into a nearby maintenance hallway.

When Sarah tries to leave, Tom blocks the door and says, we're not done talking.

After five minutes, Tom gets a phone call and steps aside to answer it.

Sarah immediately runs away.

Later that evening, Tom shows up at Sarah's house.

He knows Sarah's roommate Julie is away for the weekend.

Tom convinces Sarah to let him in by claiming he just wants to apologize.

Once inside, he forces Sarah in his car and drives her to a cabin two hours away, saying they need time alone to work things out.

So let's analyze whether Tom has committed assault, battery, false imprisonment, and or kidnapping based on this complex set of events.

So starting with battery, we must determine whether Tom 1.

Unlawfully applied force 2.

Directly or indirectly upon Sarah 3.

That resulted in injury or offensive contact These elements are satisfied here.

First, Tom applied unlawful force directly upon Sarah when he grabbed Sarah's arm.

This force resulted in a harmful or offensive contact because Sarah did not consent to being grabbed by the arm.

Therefore, Tom may be found guilty of battery based on these facts.

Tom may also have committed false imprisonment when he confined Sarah in the maintenance hallway.

To determine whether Tom may be found guilty of false imprisonment, we must analyze whether 1.

Tom unlawfully 2.

Confined Sarah such as she had no reasonable means of escape 3.

Against her will 4.

With knowledge that the confinement was unlawful So one, Tom's actions confined Sarah.