9. They are

B and D are correct. Although rare, on a few occasions the NCBE has released two correct answers for one question. For this question, when it was scored, either answer B or D was accepted as correct and given credit. However, moving forward, examinees should still approach each question as if only one answer is correct.

B is correct. At common law, battery is a general intent crime and is defined as the unlawful offensive touching of another. The girlfriend and the student, as accomplices, by pulling the fire alarm, caused many of the students to be offensively touched to the point of injury. These unlawful touchings were completely foreseeable from the pulling of the fire alarm, and they were the direct result of the student and his girlfriend's intentional act. Because battery is a general intent crime, the student and his girlfriend are guilty of battery.

Conspiracy to commit battery, on the other hand, is a specific intent crime and requires an agreement to commit the crime of battery. For a proper conspiracy charge, both parties must reach an agreement and intend that the crime of battery be committed. This requires proof that both the student and his girlfriend specifically intended for people to be the victims of criminal battery. Although the batteries were a foreseeable consequence of their actions, the student and his girlfriend did not have the specific intent that the batteries occur. Instead, they intended that the student get out of a final exam. Accordingly, the student and his girlfriend should be found not guilty of the offense of conspiracy to commit battery.

D is also correct. If the student and his girlfriend are found to have lacked the general intent necessary to commit the crime of battery, then they would be found not guilty of either crime. In this case, it is possible that the girlfriend, and the student as her accomplice, meant to pull the fire alarms, but there is no indication that they intended to cause unlawful offensive touchings.

A is incorrect. The student and his girlfriend did not have the specific intent to cause criminal battery, and, lacking that specific intent, cannot be found guilty of conspiracy. They can, however, be guilty of battery because battery is a general intent crime.

C is incorrect. Because battery is a general intent crime, the student and his girlfriend are guilty of battery. However, because conspiracy is a specific intent crime, and the student and his girlfriend did not have the specific intent to commit batteries, but rather get out of a test, the student and the girlfriend cannot be guilty of conspiracy.