· Define terms relatA significant amount of the criminal code is d.docx

· Define terms relatA significant amount of the criminal code is
devoted to protecting persons from personal harm. Criminal
statutes define a variety of crimes against persons, including
assault, battery, rape, and kidnapping. Each of these offenses
results in a degree of injury to the victim, and the type of
specific offense charged is based on the elements of the act.ed
to types of personal crime
·
· A significant amount of the criminal code is devoted to
protecting persons from personal harm. Criminal statutes define
a variety of crimes against persons, including assault, battery,
rape, and kidnapping. Each of these offenses results in a degree
of injury to the victim, and the type of specific offense charged
is based on the elements of the act.
· TOPICS
·
· OBJECTIVES
·
·
· Topic 01: Assault
· Mayhem is a form of aggravated battery where the injuries to
the victim are severe and permanent.
·
·
· Topic 02: Battery
· Menacing, also known as brandishing, is the act of wielding a
weapon with the intent of threatening another person with
bodily harm.
·
·
· Topic 03: Sex Offenses
· Rape shield laws are intended to prevent information

regarding a rape victim’s sexual history from being raised at
trial.
·
·
· Topic 04: Manslaughter
· Once kidnappers cross state lines, the crime becomes a federal
offense under the Federal Kidnapping Act.
·
·
· Topic 05: False Imprisonment
· Under shopkeeper’s privilege, a storeowner may be permitted
to detain a shoplifter on store property for a reasonable
·
Introduction
The terms assault and battery are frequently used concurrently
when describing personal injury crimes, but these crime actually
consist of different elements. To increase your understanding of
the difference between assault and battery, it is important to
analyze the elements of these offenses and the definitions
of aggravated assault and conditional assault.
OBJECTIVES
· Define terms related to types of personal crime
· Discuss different types of assault
· Differentiate between assault, battery, and aggravated battery
· Identify laws designed to protect individuals from personal
crimes
SEQUENCE
Elements of Assault
Many people contend that the modern differentiation
between assault and attempted battery is simply semantics. The

crime of battery is the unlawful infliction of harm on another.
The crime of assault is the threat or attempt to harm another
person.
The elements for the crime of assault are:
Mens Rea: An unlawful attempt or threat
Actus Reus: With the present ability to injure another person
The crime of mayhem is listed in many statutes as a higher
degree of battery. Here the injuries suffered by the victim are
severe.First-degree assault and batteAssault Versus Battery
The crime of mayhem is listed in many statutes as a higher
degree of battery. Here the injuries suffered by the victim are
severe.
First-degree assault and battery generally requires that the
victim has suffered severe bodily injuries or that the offender
attempted battery with a weapon.
Bodily injury need not be a situation that causes harm. The term
is synonymous with unlawful touching.
The present ability element of assault statutes requires that the
person making the threats has the immediate physical capability
to do so.
The crime of menacing is generally the threat of severe bodily
harm where the individual does not have the present ability to
carry out the threat.
ry generally requires that the victim has suffered severe bodily
injuries or that the offender attempted battery with a
weapon.Bodily injury need not be a situation that causes harm.
The term isAttempted Assault
The phrase attempted assault is redundant. As mentioned

previously, an assault is an attempted battery.
However, some jurisdictions try to provide a scale of criminal
behavior for an act that causes injury; these jurisdictions have
provided an attempted assault crime classification. Simply
explained, it examines the act's proximity to the completion of a
battery.
For example, “menacing” may constitute an attempted assault in
some jurisdictions.
synonymous with unlaAnti-Stalking Statutes
As mentioned earlier, state criminal statutes are constantly
evolving to fit the needs of the ever-changing American society.
We hear horrifying stories of individuals who are pursued,
harassed, and eventually killed by an obsessed individual. The
story of the songstress Selena who was killed by a fan, Yolanda
Saldivar, still is fresh in the minds of her mourners.
Anti-stalking statutes make it a criminal act to repeatedly
follow, harass, and threaten to harm another person. Generally,
these statutes are necessary because it’s possible that the
harassment may otherwise not consist of any illegal or unlawful
act. Acts such as repeatedly writing love notes or sending
unwanted gifts may fall within anti-stalking statutes. Some
statutes have been expanded to include cyberspace stalking.
Critical Thinking Question:How do we prosecute those who are
stalking from other countries?

wful touching.
The present ability element of assault statutes requires that the
person making the threats has the immediate physical capability
to do so.
The crime of menacing is generally the threat of severe bodily
harm where the individual does not have the present ability to
carry out the threat.
Elements of Battery
Now that we have explored the elements of the crime of assault
(attempted battery), let’s discuss the particular elements of the
crime of battery.
Mens rea: The intentional and unlawful
Actusreus: Use of force against another
Select each item to learn more.
Transferred intent
Constructive touching
Effective consent or legal consent
The requisite mens rea for battery is intent to cause harm.
However, if a person intends to cause harm to one person and
accidentally causes harm to someone else, they are still guilty
of battery. Their initial intent is transferred to the actual
victim. Transferred intent refers to this situation.
Aggravated Battery
Much like aggravated assault, the crime of aggravated battery is
the crime of additional circumstances that raise the severity of
the battery– for example, a battery with the use of a weapon, or
in conjunction with the commission of a felony. Battery of the
elderly, children, or other statutorily protected individuals can
also constitute aggravated battery.
A battery can also be considered aggravated if the injury caused
is severe.

Elements of Aggravated battery:
·
· Mens Rea: The intentional
· Actus Reus: Causing of serious physical harm (including
serious bodily injury, disablement, or disfigurement) under
aggravating circumstances or through the use of a weapon.
Mayhem
Battery that causes permanent injury carries serious penalties.
The crime of mayhem is a battery that causes a permanent
injury or loss of limb, organ, sight, and so on.
Lorena Bobbitt is infamous for the mayhem she perpetrated on
her husband. The Bobbitt case alleged that John raped Lorena,
not that he failed to sexually please her, therefore she cut off
his penis while he slept. Although officers were able to relocate
the remains of Bobbitt’s penis and later surgically reattach it,
this type of injury constituted the crime of mayhem.
Review
The elements of battery include the intentional and lawful use
of force against another person. Stalking is considered an
assault because it often includes a threat to another person. You
should now understand the terms transferred intent, constructive
touching, and legal consent. You should also be able to describe
examples of aggravated battery and mayhem.
OBJECTIVES
· Differentiate between assault, battery, and aggravated battery
· Debate what constitutes the crime of stalking

SEQUENCE
Introduction
Criminal sexual conduct laws inflict significant harm on the
victim and include rape, statutory rape, and sexual assault. The
defense of consent is commonly raised in such cases, placing
the burden on the victim to disprove it.
OBJECTIVES
· Identify laws designed to protect individuals from personal
crimes
SEQUENCE
Criminal Sexual Conduct
Another category of assault and battery is that of sexual
offenses. The complications found in prosecuting criminal
sexual conduct stem from the different social and gender
perspectives that exist in American culture.
The majority of sexual offenses must overcome the defense of
consent. Criminal statutes have found the objective codification
of consent difficult at best, if not impossible.
The issue of consent as it plays out in a trial before a jury
encompasses the biases and stereotypes prevalent in our society.
As we examine these particular sexual offenses, we will discuss
some of the challenges that social perspectives pose to the
prosecution of sexual offenses.
NBA star Kobe Bryant was accused of sexually assaulting a 16-
year-old hotel concierge in Edwards, Colorado, in 2003.
Although the criminal charges were later dropped, the Bryant
case drew attention to Colorado's rape shield statute when
defense attorneys asked that the accuser's sexual history be
introduce at trial, and a judge agreed to allow a limited amount
of such information to be used. What role do rape shield
statutes serve?

Rape
Let’s begin with the crime of rape. The crime of rape is defined
as “having forcible sex with another” and is a modern
interpretation of the criminal sexual conduct or deviate sexual
intercourse. However, because the element of consent is
included in the definition of rape, it is not a viable defense for
the crime. In other words, if consent was given, that does not
"justify" rape, but it does disprove it. Thus, to prove the charge
of rape, the lack of consent must be thoroughly established. As
an example of how hard it might be to prove consent, imagine
that, before someone could be charged with attempted murder in
a drive-by shooting, a prosecutor had to prove that the victim
thoroughly resisted getting shot. Some might argue that if the
victim was standing near several gang members in a rough
neighborhood, the victim was giving his consent to be shot at.
Rape is controversial because it does more than provide consent
as a defense; it makes the lack of consent an element of the
crime. The mandate to prove “resisting a rape” is frustrating to
many legal theorists. Phrases such as “NO means NO” state the
desire to shift the burden of consent from the victim to the
defendant. The diversity of the human population makes
legislating consent very difficult. Although one individual may
physically respond to his or her attacker, another may be
paralyzed with fear and appear not to resist at all.
Another controversial issue surrounding rape statutes is that
some states do not recognize the crime of spousal rape.
Jurisdictions that recognize spousal rape nonetheless require the
accuser to have objectively manifested to the defendant that the
marriage has ended before the act; otherwise, the accuser is
considered to have given implied consent because they are
married.
Another controversial issue surrounding rape statutes is thaRape

Scenarios
Spousal Rape
Date Rape
Stranger Rape
Another controversial issue surrounding rape statutes is that
some states do not recognize the crime of spousal rape.
Jurisdictions that recognize spousal rape nonetheless require the
accuser to have objectively manifested to the defendant that the
marriage has ended before the act; otherwise, the accuser is
considered to have given implied consent because they are
married.t some Rape Scenarios
Spousal Rape
Date Rape
Stranger Rape
A second controversial issue surrounding rape statutes is that of
date rape. Often the prosecution’s burden to establish beyond a
reasonable doubt that the accuser did not consent is
insurmountable. The fact that there are generally no witnesses
and very little physical evidence of a fight make proving date
rape very difficult. An example of this is the case of pro-
basketball player Kobe Bryant. The evidence of blood and DNA
was not enough to overcome the issue of consent.
Rape Scenarios
Spousal Rape
Date Rape
Stranger Rape
The majority of rape cases that are successfully prosecuted at
trial involve stranger rapes in which the perpetrator attacks an
unknown victim. Here the issue of consent is less burdensome
because of social perceptions that people do not generally
consent to have sex with strangers. However, the contention that

people who are not consenting in a date rape scenario should
react the in same way as those who are raped by strangers is
false. No one reacts the same to all situations. Today's rape
statutes still struggle to address the issue of consent.
Statutory Rape
The crime of statutory rape is a strict liability crime. There is
no mens rea element for statutory rape. This crime focuses on
the age of the participants. Statutory rape, unlike sexual assault
on a child, often is deemed a victimless crime. The statutory
rape statutes in some jurisdictions are gender biased in that they
only prosecute men for the crime of statutory rape.
The famous “Lolita” story of a young female who has an older
lover has become cliché. Statutory rape statutes, some argue,
predominately prosecute consenting lovers such as a 15-year-
old high school freshman and a 20-year-old college lover. They
perhaps dated while he was in high school. Disgruntled parents
who want to end the relationship can simply pick up the phone
and call the police to report that their son or daughter is
involved with an older person.
Rape Shield Laws
There are many complications raised by sexual assault statutes.
State legislatures have attempted to resolve the issue of consent
by enacting rape shield statutes. These statutes are designed to
keep the victim's sexual history or past sexual conduct and
demeanor from entering into evidence at trial.
However, because the Fifth Amendment of the U.S. Constitution
requires due process to the defendant, any evidence that can be
said to lead to the exculpation of a defendant is to be entered.
Thus, any defense attorney can make the issue of a victim's past
relationships or sexual conduct relevant to the element of
consent.
Sexual Assault
Some modern-day legal theorists assert that the crime of sexual
assault should be prosecutable without the element of
reasonable resistance. No other crime against a person requires

the victim to reasonably resist. Conduct that constitutes sexual
assault includes fellatio (oral touching of the penis); touching
of the anus, breast, or any sexual organs. This includes the use
of objects to touch in a sexual manner.
Many contend the defense of consent as it is applied to other
personal crimes should be applied in the same manner to rape.
If the element of reasonable resistance was removed, and the
defense had to show proof that the victim gave consent rather
than requiring the district attorney to prove he or she did not
give consent, the crime of rape could be more effectively
prosecuted. Rape shield laws would then perhaps be able to
provide protection to the victim, because even though the
defense would need to provide proof of consent, they would not
be able to use the victim’s personal life to do so.
Introduction
Many famous movies and novels are based on a high-profile
kidnapping for ransom. However, most kidnappings are not
committed for ransom, and many result in serious harm to the
victim. To increase your knowledge of kidnapping laws, it is
important to understand the elements of the offense, how the
defense of consent applies to kidnapping, and the different
types of kidnapping.
OBJECTIVES
SEQUENCE
Elements of Kidnapping
The crime of kidnapping, much like the crime of rape, places
the burden on the district attorney to prove that the victim did
not consent. Here experts agree that this makes sense. The
criminal statutes have always recognized intimate relationships
as raising special circumstances and/or elements.
Once again the issue of slippery slope comes into play. When

does one's consent to particular actions, such as getting into the
car, expire? What if he or she takes the accuser to the mountains
driving wildly? What if he or she promised to drive directly
home but first drives to a cliff and threatens to drive off?
Mens rea:
Forcefully, fraudulently, threateningly, or with intimidation.
Actus :
Types of Kidnapping
Kidnapping
Felony Kidnapping
Interstate Kidnapping
The use of force to unlawfully move a person from one place to
another against his or her will.
Types of Kidnapping
Kidnapping
Felony Kidnapping
A kidnapping in conjunction with the commission of another
felony. For example, kidnapping with intent to rape. This is an
aggravated kidnapping.
Types of Kidnapping
Kidnapping
Felony Kidnapping
Kidnapping with intent to cross state lines. This charge is
generally brought simultaneously both in the state and the
federal court, and does not violate double jeopardy.
Introduction
False imprisonment is closely associated with the crime of
kidnapping. It is important to understand the elements of false

imprisonment and how it is distinguished from kidnapping.
Elements of False Imprisonment
In conjunction with the crime of kidnapping, the crime of false
imprisonment involves the restriction of the personal liberty of
another person. The difference is that the crime of false
imprisonment does not involve the removal or carrying away of
another person.
· Mens Rea: Intentionally, forcefully
· Actus reus:
·
· Physically restraining the freedom (any conduct by the
defendant which forcibly prevents someone from leaving)
· Of another
· Without consent
states do not recognize the crime of spousal rape. Jurisdictions
that recognize spousal rape nonetheless require the accuser to
have objectively manifested to the defendant that the marriage
has ended before the act; otherwise, the accuser is considered to
have given implied consent because they are married.
A
from personal harm. Criminal statutes define a variety of
crimes against persons, including assault, battery, rape, and
kidnapping. Each of these offenses results in a degree of injury
to the victim, and the type of specific offense charged is based
on the elements of the act.code is devoted to protecting persons
from personal harm. Criminal statutes define a variety of crimes
against persons, including assault, battery, rape, and
kidnapping. Each of these offenses results in a degree of injury
to the victim, and the type of specific offense charged is based
on the elements of the act.

BBA 2026, Organizational Communication 1
Course Learning Outcomes for Unit V
Upon completion of this unit, students should be able to:
4. Relate effective communication techniques to public relations
and marketing.
Reading Assignment
In order to access the following resource(s), click the link(s)
below:
Fadaei, M. (2016). Investigating the effect of internet marketing
on customers’ decision to purchase (case
study: Amico Industrial Group). International Journal of
Information, Business and Management, 8(2),
134-144. Retrieved from
https://libraryresources.columbiasouthern.edu/login?url=http://s
earch.proquest.com.libraryresources.c
olumbiasouthern.edu/docview/1778467576?accountid=33337
Click here to view the Unit V Presentation.
Click here to view the Unit V Presentation transcript.

Unit Lesson
Introduction
In the first half of the class, the discussion centered on
communication. In this unit, the focus will be on using
communication techniques to effectively establish public
relations and marketing for an organization.
Marketing departments are concerned with advertising and
public relations (PR), and the communication
channels they use have radically changed in the last few years
due to new technology platforms.
Both advertising campaigns and public relations are concerned
with publicity—sending a message to the
audience (established customers and potential customers) about
a product or service that the organization
offers. In Forbes, Robert Wynne (2014) explains in his article,
“The Real Difference Between PR and
Advertising,” that advertising is considered to be paid media
while PR is considered to be earned media. Each
type of media platform—magazines, newspapers, television
stations, websites, and so forth—has specific
sections where paid advertising appears. With PR, the message
moves outside of these paid-for sections into
a story or the editorial section, which falls under the category of
promotional activities. They often are
concerned with more subtle publicity, involving relationship
building and forging a mutual-trust relationship
with the audience. This helps develop credibility.
Communication Channels
Communication channels are constantly changing in modern
society. Media and communication models that
have been established over the years have undergone

fundamental changes, primarily due to the introduction
of the Internet into our lives. Effective marketing
communication in both PR and advertising depends on
developing a compelling message and delivering it to the right
audience. Traditional media sources, such as
television, radio, and print, still exist and are viable options but
are limited in scope when compared to online
media. The Internet offers an almost borderless way to transmit
communication to the world’s population. The
trusted third party discussed by Wynne (2014) may no longer be
a network or newspaper reporter, but
instead, it may be a person on social media with thousands of
people who follow his or her channel.
Case Study: KitchenAid and Twitter
Social media platforms are simply websites that allow people to
communicate informally with others through
UNIT V STUDY GUIDE
Relating Effective Communication Techniques
to Public Relations and Marketing
earch.proquest.com.libraryresources.columbiasouthern.edu/docv
iew/1778467576?accountid=33337
earch.proquest.com.libraryresources.columbiasouthern.edu/docv
iew/1778467576?accountid=33337
https://online.columbiasouthern.edu/CSU_Content/Courses/Busi
ness/BBA/BBA2026/16I/UnitV/UnitV_Presentation.htm
https://online.columbiasouthern.edu/CSU_Content/Courses/Busi
ness/BBA/BBA2026/16I/UnitV_Transcript.pdf

UNIT x STUDY GUIDE
Title
written messages, photographs, audio clips, or videos. Each
social media platform offers unique opportunities
and challenges. Twitter is just one platform in a vast world of
online media and offers a business almost
instant worldwide communication with customers and potential
customers. This can allow for effective PR, but
it can also damage a company’s reputation just as quickly. For
instance, KitchenAid posted a tweet about
President Obama’s grandmother during one of Obama’s debates.
The tweet said that President Obama’s
grandmother had known his presidency was going to be bad and
chose to die three days before he became
president. The tweet was quickly deleted, and KitchenAid
issued an apology. Cynthia Soledad, a senior
member of the company, admitted that a junior staff member
had been handling the company’s social media
accounts, and the sentiment was in no way representative of the
values of the company.
KitchenAid tweets an apology.
(Allen, 2012)
The problem with using social media is that the information
remains online—even if the company wants to
delete the message. Mistakes like this can very quickly circulate

from person-to-person (known in popular
terminology as going viral) and damage a company’s PR image.
Trends in Social Media
In order to take advantage of the Internet, organizations also
need to be aware of new trends. Whenever
companies develop new online platforms for communication and
PR, marketing has to change. For example,
Twitter was created in 2006. Originally developed to send
messages containing 140 characters or less to
registered users, the site evolved to adding promoted tweets and
promoted accounts in 2010. In 2015,
promoted tweets are no longer limited to 140 characters. This
platform changed, and the companies who use
it have to change as well.
The promoted accounts and promoted tweets move the platform
away from the idea of pure PR and more into
the realm of advertising. This is another area that marketing
departments need to consider. Advertising
pushes its point of view onto the consumer, basically saying the
advertised aspect of the product is what
everyone should find important. PR takes the opposite point of
view and focuses on the people who are
actually engaged in the discussion. PR does not fall under the
same category as advertising, and when
companies pay to have their tweets promoted, it can seem
disingenuous to the consumer.
Case Study: The Dove Campaign for Real Beauty and the Dove
Self-Esteem Project
One way that companies manage to promote their product
through social media channels, including paid
placement in those channels, is to focus on outside social

issues. The Dove beauty brand is a good example
of an organization that used a PR campaign on social media to
advertise beauty products. The Dove
Campaign for Real Beauty started a global conversation through
social media about creating a wider
definition of beauty after a major study, The Real Truth About
Beauty: A Global Report, proved that the
current definition of beauty for women was limiting and
unattainable (as cited in Dove, 2016). Beginning in
2004, Dove used various social media platforms to raise
awareness of this issue (Dove, 2016).
First, Dove created an advertising campaign featuring real
women whose appearances are outside the
stereotypical norms of beauty (Dove, 2016). The advertisements
invited people to “vote” on the women’s level
of beauty at campaignforrealbeauty.com. This blended approach
featured a paid advertisement with PR at the
website. When the customers (and potential customers) visited
the website to vote, Dove was not directly
selling its product. Instead, Dove was focused on boosting
women’s self-confidence.
Each following year, Dove launched a new part to the campaign.
One of the biggest successes occurred in
UNIT x STUDY GUIDE
Title

2006, when Spain banned overly thin models from its fashion
runways. Dove produced Evolution—a short
film on the social media site, YouTube—that depicts the
transformation of a woman into a model, complete
with makeup and Photoshop effects. Please see the Suggested
Reading section if you are interested in
viewing the short film.
Those engaged in social media did not see the company as
trying to promote itself, but rather, the company
was viewed as trying to promote women and a healthy beauty
image. The message had more impact with the
receivers because it is presented as promotional material rather
than advertising. Research has
demonstrated that editorial commentary (supplied by a PR
promotion) is valued almost as much as word-of-
mouth advice from family and friends. This carries far more
leverage with the consumer than advertising
(Wynne, 2014). The Dove campaign had the best of both
worlds: friends and family chiming in and the full
weight of the organization’s PR department behind it.
References
Allen, F. (2012). KitchenAid attacks Obama’s grandmother,
then apologizes. Forbes. Retrieved from
http://www.forbes.com/sites/frederickallen/2012/10/04/kitchena
id-attacks-obamas-grandmother-then-
apologizes/#5588b71a7073
Dove. (2016). The Dove campaign for real beauty. Retrieved

from http://www.dove.us/Social-
Mission/campaign-for-real-beauty.aspx
Wynne, R. (2014). The real difference between PR and
advertising. Forbes. Retrieved from
http://www.forbes.com/sites/robertwynne/2014/07/08/the-real-
difference-between-pr-and-advertising-
credibility/#5bbe0cb22700
Suggested Reading
In order to access the following resource(s), click the link(s)
below:
Dove. (2016). The Dove campaign for real beauty. Retrieved
from http://www.dove.us/Social-
Mission/campaign-for-real-beauty.aspx
Piper, T. (2006, October 6). Dove evolution [Video file].
Retrieved from
https://www.youtube.com/watch?v=iYhCn0jf46U&feature=yout
u.be
Ramsey, M. (2014, September). Why thinking you’re ugly is
bad for you. Retrieved from
https://www.ted.com/talks/meaghan_ramsey_why_thinking_you
_re_ugly_is_bad_for_you/transcript?l
anguage=en

The resource below points out some of the key differences
between public relations and advertising. Copy
and paste the link into your browser to view the article.
Wynne, R. (2014). The real difference between PR and
advertising. Forbes. Retrieved from
credibility/#5bbe0cb22700
Learning Activities (Non-Graded)
Apply What You Have Learned
Consider organizations where you have worked in the past or
where you are currently employed. How does
the organization use social media? Do you believe it is
effective? Why, or why not?
Non-graded Learning Activities are provided to aid students in
their course of study. You do not have to
submit them. If you have questions, contact your instructor for
further guidance and information.
http://www.dove.us/Social-Mission/campaign-for-real-
beauty.aspx
http://www.dove.us/Social-Mission/campaign-for-real-
beauty.aspx
https://www.youtube.com/watch?v=iYhCn0jf46U&feature=yout
u.be
_re_ugly_is_bad_for_you/transcript?language=en

_re_ugly_is_bad_for_you/transcript?language=en
credibility/%235bbe0cb22700
credibility/%235bbe0cb22700

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