Elements of a Crime & Inchoate Crimes

Actus reus

an act must be voluntary and volitional

Mens rea

the mental state required by statute for criminal culpability

Purposeful

defendant has a goal of engaging in certain conduct

Knowing

the defendant is aware of the nature of their conduct and that a harmful result is practically certain to occur

Reckless

the defendant is conscious that their behavior creates an unjustifiable risk and acts anyway

Negligent

the defendant did not perceive the risk at the time, but should have known that their behavior created an unjustifiable risk

general intent

crimes require only that you had the requisite intent to commit the actus reus

specific intent

crimes require that you had an intention to bring about the resulting harm

Solicitation

asking someone to commit a crime on your behalf

• only the solicitor needs to possess mens rea

• merges into the completed crime

Conspiracy

• 2+ people need to possess mens rea

• at least one party must take one overt action

• does not merge

Attempt

requires proof that the defendant actively desired or planned to bring about that exact criminal result

• substantial step test (model penal code) vs proximity test (common law)

Substantial Step Test (Model Penal Code)

the act must strongly corroborate the person’s criminal intent

• buying materials

• scouting a location

Proximity Test (Common Law)

the action must come dangerously close to completing the crime

• merely planning or preparing is not enough