01 Essential Elements of Crimes

Elements of a crime (3)

physical act, mental state, concurrence

Some crimes require proof of a [..1..] and [..2..] meaning the act caused the harmful result

result, causation

Actus reus

D must have either:

• performed a [..1..] or

• [..2..] under circumstances imposing a [..3..] to act

voluntary physical act, failed to act, legal duty

Actus reus

An act is a […]

bodily movement

Actus reus

Bodily movements that =/= criminal liability:

• conduct not of the person's [..1..]

• a [..2..] act OR

• an act performed while [..3..] or [..4..]

volition, reflexive/convulsive, unconscious, asleep

Actus reus

Failing to act gives rise to liability only if

1. there is a [..1..] to act

2. the defendant has [..2..] of the duty AND

3. it is [..3..] to perform the duty

legal duty, knowledge, reasonably possible

Actus reus

A legal duty to act can arise by

• [..1..]

• [..2..]

• the [..3..] between parties

• the [..4..] of care by the defendant for the victim OR

• if the defendant [..5..] for the victim

statute, contract, relationship, voluntary assumption, created the peril

Actus reus

Criminal statutes penalizing possession of contraband generally require the defendant have [..1..] of the item for a long enough period to have an opportunity to [..2..] the possession

control, terminate

Actus reus

Possession does not need to be […] to one person

exclusive

Actus reus

Possession may be "[…]" meaning that actual physical control does not need to be proved when the contraband is located in an area within the defendant's "dominion and control"

constructive

Actus reus

For possession, absent a statutory state of mind requirement, the defendant must be [..1..] of the contraband but need not be aware of its [..2..]

aware of possession, illegality

Actus reus

When statutes add a state of mind element to possession crimes the defendant ordinarily must know the [..1..] or [..2..] of the item possessed

identity, nature

Actus reus

A defendant may not [..1..] learning the true nature of the item possessed knowledge may be inferred from a combination of [..2..] and [..3..] to the truth

consciously avoid, suspicion, indifference

Mens rea

A crime may require doing an act with a [..1..] or [..2..]

specific intent, objective

Mens rea

The existence of a specific intent cannot be [..1..] from the mere doing of the act but the manner of commission may provide [..2..] of intent

conclusively imputed, circumstantial evidence

Solicitation Intent

Intent to have the person solicited commit the crime

Conspiracy Intent

Intent to have the crime completed

Attempt Intent

Intent to complete the crime

First Degree Premeditated Murder Intent

Premeditated intent to kill

Assault Intent

Intent to commit a battery

Larceny Intent

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

Embezzlement Intent

Intent to defraud

False Pretenses Intent

Intent to defraud

Robbery Intent

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

Burglary Intent

Intent to commit a felony in the dwelling

Forgery Intent

Intent to defraud

The intent for malice crimes (common law murder and arson) requires a [..1..] disregard of an [..2..] or [..3..] risk that the particular harmful result will occur

reckless, obvious, high

General intent is a catch all category for all crimes not falling under specific intent or malice. Use general intent UNLESS they qualify for [...]

strict liability

General intent means the defendant has an [..1..] of all factors constituting the crime they must be aware they are acting in the [..2..] and that any required [..3..] exist

awareness, proscribed way, attendant circumstances

For general intent the defendant need not be certain all circumstances exist it is sufficient they are aware of a [..1..] that they will occur

high likelihood

A jury may […] the required general intent merely from the doing of the act

infer

A strict liability or public welfare offense is one that does not require [..1..] of all of the factors constituting the crime the defendant can be found guilty from the mere fact that they [..2..]

awareness, committed the act

Common strict liability offenses include selling [..1..] to [..2..] and [..3..]

liquor, minors, statutory rape

Defenses that [..1..] such as mistake of fact are [..2..] for strict liability offenses

negate state of mind, not available

The M.P.C. [..1..] common law distinctions between general and specific intent and adopts categories like [..2..] [..3..] or [..4..]

eliminates distinctions, Purposely, Knowingly, Recklessly

When an M.P.C. statute requires that the defendant act [..1..] [..2..] or [..3..] a [..4..] is used

purposely, knowingly, recklessly, subjective standard

Under M.P.C. a person acts purposely when their [..1..] is to engage in certain [..2..] or cause a certain [..3..]

conscious object, conduct, result

Under M.P.C. a person acts knowingly regarding conduct's nature when aware their conduct is of a [..1..] or that certain [..2..]

particular nature, circumstances exist

Under M.P.C. a person is deemed aware of these circumstances when they are aware of a [..1..] that they exist and [..2..] learning the truth

high probability, deliberately avoid

Under M.P.C. a person acts knowingly regarding a result when they know that their conduct will [..1..] or [..2..] cause a particular result

necessarily, very likely

Under M.P.C. one acts recklessly by consciously disregarding a [..1..] and [..2..] risk and this disregard constitutes a [..3..] from the standard of care that a reasonable person would exercise

substantial, unjustifiable, gross deviation

M.P.C. Recklessness involves both [..1..] ("unjustifiable risk") and ..2.. elements

objective, subjective

Under M.P.C. one acts negligently when they are [..1..] of a [..2..] and [..3..] risk where such failure is a [..4..] from the standard of care an [..5..] standard is used

unaware, substantial, unjustifiable, substantial deviation, objective

For M.P.C. negligence the defendant must have taken a very […]

substantial risk

A vicarious liability offense is one where a person without [..1..] may be liable for another's [..2..]

personal fault, criminal conduct

The trend for vicarious liability is to limit it to [..1..] and to [..2..]

regulatory crimes, limit punishment

At common law a corporation does [..1..] to commit crimes

not have capacity

Under modern statutes corporations may be held liable for an act performed by an agent acting within the scope of their [..1..] or [..2..] OR by a corporate agent [..3..] in hierarchy to presume their acts reflect [..4..]

office, employment, high enough, corporate policy

Under transferred intent a defendant is liable if they [..1..] the [..2..] that is actually caused but to a different [..3..] or [..4..]

intend, harm, victim, object

Under transferred intent [..1..] and [..2..] may also usually be [..3..]

defenses, mitigating circumstances, transferred

Transferred intent applies to [..1..] [..2..] and [..3..] but it does [..4..] to attempt

homicide, battery, arson, not apply

A person guilty via transferred intent is usually guilty of the [..1..] against the [..2..] and [..3..] against the [..4..]

completed crime, actual victim, attempt, intended victim

Concurrence requires the defendant have the [..1..] for the crime [..2..] they committed the act and the intent must have [..3..]

intent necessary, at the time, prompted the act

When a crime requires a specified [..1..] the defendant's conduct must be both the [..2..] and the [..3..] of that result

result, cause in fact, proximate cause

Consciously disregarding a substantial and unjustifiable risk indicates a person acted […]

recklessly