GENERAL MATTERS & ELEMENTS TO A CRIME

When does a state have jurisdiction over a crime?

(1) Any act constituting an element of the crime was committed in the state or (2) An act outside the state caused a result in the state

Merger – Solicitation

A person cannot be charged with both solicitation and the completed crime. It will merge into either conspiracy or the crime that the solicitor intended to complete

Merger – Attempt

A person cannot be charged with both attempt and the completed crime. It will merge into the crime that was intended to be completed.

Merger – Conspiracy

A person CAN be charged with both conspiracy and the completed crime because it does not merge.

Merger – MPC Special Rule

Under the MPC, a defendant cannot be convicted of more than one inchoate crime when their conduct was designed to culminate into the commission of the same offense

Can a court impose multiple punishments at a single trial even if they arise from the same transaction and constitute the same crime?

YES

What are the essential elements of a crime?

(1) A physical act, (2) A mental state, and (3) A concurrence of the act and mental state

What is a physical act?

A bodily movement that the defendant performed voluntarily or a failure to act under circumstances imposing a legal duty to act

What bodily movements are NOT a physical act?

(1) Conduct that is not a product of the person’s own volition, (2) A reflexive or convulsive act, and (3) An act performed while unconscious or asleep

When does a failure to act give rise to liability?

ONLY IF (1) there is a legal duty to act, (2) the defendant has knowledge of the facts giving rise to the duty to act, and (3) it is reasonably possible to perform the duty

In what circumstances can the legal duty to act arise?

(1) By statute, (2) By contract, (3) The relationship between the parties, (4) The voluntary assumption of care by the defendant for the victim, and (5) The defendant created the peril for the victim

In illegal possession cases, can the defendant consciously avoid learning the true nature of the item possessed?

NO

When can knowledge of the item possessed be inferred in illegal possession cases?

A combination of suspicion and indifference to the truth

Specific Intent – Definition

A crime that requires not only the doing of an act, but also the doing of it with a specific objective

What additional defenses do ONLY specific intent crimes receive?

(1) Voluntary intoxication and (2) Unreasonable mistake of fact

What are the specific intent crimes?

Solicitation, Conspiracy, Attempt, Robbery, Forgery, False Pretences, First Degree Premeditated Murder, Assault, Burglary, Larceny, Embezzlement

Mental State for Solicitation

Intent to have the person solicited commit the crime

Mental State for Conspiracy

Intent to have the crime completed

Mental State for Attempt

Intent to complete the crime

Mental State for First Degree Premeditated Murder

Premeditated intent to kill

Mental State for Assault

Intent to commit a battery

Mental State for Larceny

Intent to permanently deprive the other of their interest in the property taken

Mental State for Embezzlement

Intent to defraud

Mental State for False Pretenses

Intent to defraud

Mental State for Robbery

Intent to permanently deprive the other of their interest in the property taken

Mental State for Burglary

Intent to commit a felony in the dwelling

Mental State for Forgery

Intent to defraud

Mental State for Malice Crimes

Reckless disregard of an obvious or high risk that the particularly harmful result will occur

At common law, what are the two malice crimes?

Common law murder and arson

General Intent – Definition

The defendant has an awareness of all factors constituting the crime

Can a jury infer general intent from the defendant merely doing the act?

YES

Strict Liability – Definition

Strict liability defenses do not require awareness of all of the factors constituting the crime and the defendant can be found guilty from the mere fact that they committed the act

What do strict liability offenses generally relate to?

Administrative, regulatory, and morality issues

What element of a crime does strict liability ignore?

Mental state

Are defenses that negate the defendant’s state of mind relevant for strict liability?

NO

What are the mental states under the MPC?

(1) Purposely, (2) Knowingly, (3) Recklessly, (4) Negligently

What is the only MPC mental state that does NOT have a subjective standard?

Negligently

Purposely Standard

A person acts purposely when their conscious objective is to engage in certain conduct or cause a certain result

Knowingly Standard

(1) A person acts knowingly with respect to the nature of their conduct when they are aware that their conduct is of a particular nature or that certain circumstances exist, or when they are aware of the high probability that they exist and deliberately avoid learning the truth. (2) A person acts knowingly with respect to the result of their conduct when they know that their conduct will necessarily or very likely cause a particular result

Recklessly Standard

A person acts recklessly when they consciously disregard a substantial or unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation

Negligence Standard

A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care

Transferred Intent

The defendant can be liable when they intend the harm that is actually caused, but to a different victim or object

Which crimes does transferred intent apply to?

Homicide, battery, and arson

Which crime does transferred intent NOT apply to?

Attempt

If a person is found guilty through transferred intent, for what crimes would they be charged with?

(1) The completed crime against the actual victim and (2) Attempt against the intended victim

Concurrence of Mental State and Act

The defendant must have the intent necessary for the crime at the time they committed the act constituting the crime, and the intent must have prompted the act

Causation

When a crime is defined to require not merely conduct but also a specified result, then the defendant’s conduct must be both the actual and proximate cause