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What are the canadian descriptions of 1) Resisting arrest or…

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What are the canadian...

What are the canadian descriptions of 1) Resisting arrest or detention 2) Simple Assault 3) Rape and 4) Kidnapping.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

New Hampshire from 1973 to 1991.

Lawyer's Assistant: Has anything been filed or reported?

They were all arrests.

Submitted: 11 months ago.Category: Canada Criminal Law
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Answered in 11 hours by:
9/19/2017
Criminal Lawyer: CriminalLawyerTO, Criminal Defence Lawyer replied 10 months ago
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Assault resisting arrest, and/or assaulting a police officer, per Criminal Code s.270:

Occurs when a person assaults a public officer or peace officer engaged in the execution of his duty, or assaults a person acting in aid of such an officer. The offence also occurs when a person assaults another person with intent to resist or prevent the lawful arrest or detention of himself or someone else.

Simple assault, per C.C. s.266, as defined by s.265, occurs when:

A person commits an assault when

(a)without the consent of another person, he or she applies force intentionally to that other person, directly or indirectly; or

(b)he or she attempts or threatens, by an act or a gesture, to apply force to another person, if he or she has (or causes that other person to believe on reasonable grounds that he or she has) present ability to effect his or her purpose.

Rape is a serious sexual assault, i.e. an assault (as defined above), of a sexual nature. There is no crime of "rape" but rather the crime of "sexual assault" per s.271, which is generally referred to as rape when there is intercourse involved.

Regarding kidnapping:

279 (1) Every person commits an offence who kidnaps a person with intent

  • (a) to cause the person to be confined or imprisoned against the person’s will;

  • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

  • (c) to hold the person for ransom or to service against the person’s will

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Criminal Lawyer: CriminalLawyerTO, Criminal Defence Lawyer replied 10 months ago

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