Offence against the person
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In criminal law, the term offence against the person or crime against the person usually refers to a
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the following categories: *Fatal offences *Sexual offences *Non-fatal non-sexual offences They can be further analysed by division into: *Assaults *Injuries And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: *Fatal offences ** Murder ** Manslaughter *Non-fatal non-sexual offences ** Assault, or common assault ** Battery, or common battery ** Wounding or wounding with intent **
Poisoning A poison can be any substance that is harmful to the body. It can be swallowed, inhaled, injected or absorbed through the skin. Poisoning is the harmful effect that occurs when too much of that substance has been taken. Poisoning is not to ...
**
Assault occasioning actual bodily harm Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong an ...
(and derivative offences) ** Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) These crimes are usually grouped together in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
countries as a legacy of the Offences against the Person Act 1861. Although most sexual offences will also be offences against the person, for various reasons (including sentencing and registration of offenders) sexual crimes are usually categorised separately. Similarly, although many homicides also involve an offence against the person, they are usually categorised under the more serious category.


United Kingdom


England and Wales


Fatal offences

* Murder * Manslaughter * Corporate manslaughter, contrary to section 1 of the
Corporate Manslaughter and Corporate Homicide Act 2007 The Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom. The Act created a new offence respectively named ...
* Infanticide, contrary to section 1(1) of the
Infanticide Act 1938 The Infanticide Act 1938 (1 & 2 Geo 6 c 36) is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales. Section 1 - Offence of infanticide Sections 1(1) to (3) now read: Amendments The wor ...
In section 2(2) of the
Law Reform (Year and a Day Rule) Act 1996 The Law Reform (Year and a Day Rule) Act 1996 is a short Act of Parliament which abolished the year and a day rule in English law and Northern Irish law. The year and a day rule was an ancient rule of the common law which created a conclusive pre ...
, "fatal offence" means: *murder, manslaughter, infanticide or any other offence of which one of the elements is causing a person's death; *an offence under section 2(1) of the
Suicide Act 1961 The Suicide Act 1961 (9 & 10 Eliz 2 c 60) is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide in England and Wales so that those who failed in the attempt to kill themselves would no longer be prosecuted. Th ...
in connection with the death of a person; or *an offence under section 5 of the
Domestic Violence, Crime and Victims Act 2004 Domestic may refer to: In the home * Anything relating to the human home or family ** A domestic animal, one that has undergone domestication ** A domestic appliance, or home appliance ** A domestic partnership ** Domestic science, sometimes cal ...
.


Sexual offences


Non-fatal non-sexual offences

* Assault, or common assault * Battery, or common battery For offences of aggravated assault, see Assault#England and Wales *Administering poison, so as to endanger life, contrary to section 23 of the Offences against the Person Act 1861This expression is used by Archbold Criminal Pleading, Evidence and Practice, 1999, para 19-224, in a specimen count, in the statement of the offence. The particulars of the offence in the specimen count actually charge administration of "a poison or other destructive or noxious thing". *Administering poison, contrary to section 24 of the Offences against the Person Act 1861 *Unlawful wounding or inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861 *Wounding or causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861


Visiting Forces Act 1952

The expression "offence against the person" is used as a term of art in section 3 of the
Visiting Forces Act 1952 The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, in ...
(15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraph
1
(England and Wales and Northern Ireland) an
2
(Scotland) of the Schedule to that Act.


England and Wales and Northern Ireland

In the application of section 3 of the 1952 Act to England and Wales and Northern Ireland it means any of the following offences: * murder, manslaughter,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
, robbery and assault and any offence of aiding, abetting, counselling or procuring suicide or an attempt to commit suicide *any offence not falling within the foregoing bullet point, being an offence punishable under any of the following enactments: **the Offences against the Person Act 1861, except section 57 (which relates to bigamy) **the
Criminal Law Amendment Act 1885 The Criminal Law Amendment Act 1885 ( 48 & 49 Vict. c.69), or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the lat ...
**the Punishment of Incest Act 1908 **sections 1 to 5 and section 11 of the
Children and Young Persons Act 1933 The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales i ...
, and sections 11, 12, 14 to 16, and 21 of the Children and Young Persons Act (Northern Ireland) 1950 **the
Infanticide Act 1938 The Infanticide Act 1938 (1 & 2 Geo 6 c 36) is an Act of the Parliament of the United Kingdom. It creates the offence of infanticide for England and Wales. Section 1 - Offence of infanticide Sections 1(1) to (3) now read: Amendments The wor ...
and the
Infanticide Act (Northern Ireland) 1939 The Infanticide Act (Northern Ireland) 1939 (c 5) (NI) is an Acts of Parliament in the United Kingdom, Act of the Parliament of Northern Ireland. It makes similar provision to the Infanticide Act 1938 for Northern Ireland. Section 1 – Offence ...
**article 3(1)(a) of the
Protection of Children (Northern Ireland) Order 1978 Protection is any measure taken to guard a thing against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although th ...
**section 1(1)(a) of the
Protection of Children Act 1978 The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government ...
**the
Child Abduction Act 1984 The Child Abduction Act 1984 (c 37) is an Act of the Parliament of the United Kingdom. It creates offences that replace, in England and Wales, the offence of child stealing under section 56 of the Offences against the Person Act 1861. Part I â ...
**the
Female Genital Mutilation Act 2003 The Female Genital Mutilation Act 2003 (c. 31) is an Act of the Parliament of the United Kingdom applying to England, Wales and Northern Ireland. It replaced the Prohibition of Female Circumcision Act 1985, extending the ban on female genital mut ...
**the
Child Abduction (Northern Ireland) Order 1985 Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians. The term ''child abduction'' includes two leg ...
**Part 1 of the
Sexual Offences Act 2003 The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom. It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeur ...
**the Sexual Offences (Northern Ireland) Order 2008 *an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the
Internationally Protected Persons Act 1978 ''Worldwide Angel'' is the second mixtape by Spanish singer and songwriter Bad Gyal. It was released on 23 February 2018 by Puro Records and Canada Editorial. ''Worldwide Angel'' was presented with four singles: "Blink", "Candela", "Internatio ...
and any of the following offences against a protected person within the meaning of that section, namely an offence of kidnapping, an offence of
false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
and an offence under section 2 of the
Explosive Substances Act 1883 The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury ...
of causing an explosion likely to endanger life *an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that either in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection, had it been done, would have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or in the case of a contravention of subsection (3) or (4), the act threatened, had it been done, would have constituted such an offence *an offence of making such a threat as is mentioned in section 3 of the
United Nations Personnel Act 1997 United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
and any of the following offences against a UN worker within the meaning of that Act ** kidnapping **
false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
**an offence under section 2 of the
Explosive Substances Act 1883 The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury ...
of causing an explosion likely to endanger life It formerly included in particular: *
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
and buggery (presumably including at common law) *offences of rape and buggery under the law of Northern Ireland *offences punishable under **section 89 of the Mental Health Act (Northern Ireland) 1948 (which related to certain offences against mentally defective females) **sections 2 to 28 of the
Sexual Offences Act 1956 The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 May 2004) by the Sex ...
**section 1 of the
Prohibition of Female Circumcision Act 1985 The Prohibition of Female Circumcision Act 1985 (c. 38) is a repealed Act of the Parliament of the United Kingdom. It made female genital mutilation a crime throughout the UK, allowing for sentences of up to five years' imprisonment. It was intro ...


Scotland

In the application of section 3 of the 1952 Act to Scotland, the expression "offence against the person" means any of the following offences: * murder,
culpable homicide Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular j ...
,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
, robbery, assault,
incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adopti ...
, sodomy, lewd, indecent and libidinous practices,
procuring abortion Procuring may refer to: * Procurement, a business process to acquire goods or services * Procuring (prostitution), the act of aiding a prostitute in the arrangement of a sex act with a customer See also

* Procuration {{Disambig ...
, abduction,
cruel and unnatural treatment of persons Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve viol ...
,
threats to murder or to injure persons A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for co ...
*any offence not falling within the last bullet point, being an offence punishable under any of the following enactments: **the
Criminal Law Amendment Act 1885 The Criminal Law Amendment Act 1885 ( 48 & 49 Vict. c.69), or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the lat ...
**section 46 of the
Mental Deficiency and Lunacy (Scotland) Act 1913 Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama * ''Mental'' (2016 film), a Bangladeshi romantic-action movie * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 Od ...
(which relates to certain offences against mentally defective females) **sections 12 to 16 and 22 of the Children and Young Persons (Scotland) Act 1937 **section 52(1)(a) of the Civic Government (Scotland) Act 1982 *an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the
Internationally Protected Persons Act 1978 ''Worldwide Angel'' is the second mixtape by Spanish singer and songwriter Bad Gyal. It was released on 23 February 2018 by Puro Records and Canada Editorial. ''Worldwide Angel'' was presented with four singles: "Blink", "Candela", "Internatio ...
and the following offence against a protected person within the meaning of that section, namely, an offence under section 2 of the
Explosive Substances Act 1883 The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury ...
of causing an explosion likely to endanger life *an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that either, in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection, had it been done, would have constituted an offence falling within sub-paragraph (a) or (b) of this paragraph, or, in the case of a contravention of subsection (3) or (4), the act threatened, had it been done, would have constituted such an offence *an offence of making such a threat as is mentioned in section 3 of the
United Nations Personnel Act 1997 United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
and an offence of causing an explosion likely to endanger life, committed against a UN worker (within the meaning of that Act), under section 2 of the
Explosive Substances Act 1883 The Explosive Substances Act 1883 (c. 3) is an Act of the Parliament of the United Kingdom. It makes it illegal to use (or conspire or intend to use) any explosive substance to cause an explosion likely to endanger life or cause serious injury ...


United States


Federal law

Most federal crimes in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
are contained within
Title 18 of the United States Code Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, ...
. 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 thereto. 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

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."


California

Crimes against the person in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
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.


See also

* Offences Against the Person Act


References


External links

* A textbook on offences against the person. {{DEFAULTSORT:Offence Against The Person Criminal law of the United Kingdom