User:Visviva/Crime against the person
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In United States criminal law, a crime against the person is a crime the victim of which is always an individual.[1] Such crimes typically involve the actual or threatened use of force.[2][3] Examples include murder, rape, and assault. Crimes against the person are often equated with violent crime, although the two categories are not identical.[2] The term is often used in the plural, as crimes against persons.[3]
Background[edit]
The concept of "crime against the person" or "offense against the person" first emerged in common law. However, it has subsequently been adopted in many criminal codes.[2]
At common law, crimes or "offenses" against the person were limited to murder, manslaughter, mayhem, rape, assault, battery, robbery, failse imprisonment, abortion, seduction, kidnapping, and abduction.[4]
By jurisdiction[edit]
Federal[edit]
Crimes against persons are one of three categories of crimes tracked by the National Incident-Based Reporting System, along with property crimes and crimes against society.[1] In contrast to the treatment in many state legal systems, robbery is classified as a crime against property, and not against the person.[1] However, robbery is included as a violent crime in the Uniform Crime Reports.[5]
Most federal crimes in the United States are contained within Title 18 of the United States Code. While the code is divided into multiple parts and multiple chapters, there is no part or chapter titled "crimes against the person," or anything similar.[6] Although there is an absence of a chapter or part with the aforementioned name, the code still does contain provisions for crimes such as murder, rape, and assault, among others, all crimes which are typically considered to be a crime against the person.
American Samoa[edit]
Offences against the person in American Samoan law are contained in Chapter 35 of Title 46 of the annotated code, with the chapter carrying the title "Offenses Against the Person."[7]
California[edit]
Crimes against the person in California law are contained within Title 8 of Part 1 of the California Penal Code, with Title 8 carrying the title "OF CRIMES AGAINST THE PERSON." This title includes sections 187 through 248 inclusive of the Penal Code.[8]
Works cited[edit]
- Garner, Bryan A., ed. (2004). Black's Law Dictionary (8th ed.). Thomson West.
References[edit]
- ^ a b c "Crimes Against Persons, Property, and Society". Federal Bureau of Investigation. 2012.
- ^ a b c Ristroph, Alice (2022). Criminal Law: an integrated approach. CALI.
- ^ a b Black's 8th, p. 401.
- ^ Black's 8th, p. 1112.
- ^ "Violent Crime". Crime in the U.S. 2019. Federal Bureau of Investigation. n.d. Retrieved 2024-03-10.
- ^ "Browse the United States Code". Office of the Law Revision Counsel. Retrieved 29 January 2021.
- ^ "Chapter 35 - Offenses Against the Person". American Samoa Bar Association. Retrieved 30 January 2020.
- ^ "Title 8 of Part 1 of the California Penal Code". California Office of Legislative Counsel. 1872. Retrieved 29 January 2021.
[[Category:United States criminal law]][[Category:Offences against the person]]