B: Other Crimes

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Law

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17 Terms

1
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BATTERY

(i) unlawful application of force
(ii) upon another person OR their close personal belongings
(iii) resulting in injury OR offensive contact

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ASSAULT

(i) attempted battery, OR
(ii) intentional creation of a reasonable apprehension of imminent bodily harm to another’s person

3
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KIDNAPPING

  1. CL Elements

  2. MPC Elements

  1. (i) moving or secreting away of another
    (ii) unlawful confinement of that person

  2. (i) movement (“asportation”) of a person a substantial distance, OR
    (ii) unlawful confinement of a person for a substantial period in isolation…
    a) for ransom, OR
    b) to hold as a hostage, OR
    c) to facilitate a felony, OR
    d) to inflict bodily injury OR terrorize, OR
    e) to interfere w/ a gov’t/political function

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FALSE IMPRISONMENT

  1. CL Elements

  2. MPC Elements

  1. (i) confinement of a person against their will
    (ii) unlawfully
    (iii) w/ knowledge that the restriction is unlawful

  2. (i) restraining a person
    (ii) unlawfully
    (iii) knowingly
    (iv) so as to substantially interfere w/ the person’s liberty

5
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RAPE

  1. CL Elements

  2. MPC Elements

  1. (i) unlawful sexual intercourse
    (ii) of a woman by a man (not her husband)
    (iii) w/o the woman’s consent

  2. (i) unlawful sexual intercourse
    (ii) b/w two people
    (iii)…
    a) w/ force OR threat of imminent death, serious bodily injury, extreme pain, or kidnapping, OR
    b) in which one person drugs the other, OR
    c) in which one person is unconscious, OR
    d) in which one person is <10 y/o

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STATUTORY RAPE

(i) unlawful sexual intercourse
(ii) w/ another person
(iii) who is under the age of consent (as defined by statute)

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LARCENY

(i) taking and carrying away
(ii) of the personal property of another
(iii) w/o consent (i.e. trespassory)
(iv) w/ the intent to permanently deprive the owner of that property

8
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ROBBERY

(i) larceny
(ii) by force OR by putting V in fear of imminent physical harm
(iii) taking occurs from V’s person or in his presence

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ARMED ROBBERY

(i) larceny
(ii) by force OR by putting V in fear of imminent physical harm
(iii) taking occurs from V’s person or in his presence
(iv) use of a dangerous weapon

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LARCENY BY TRICK

(i) obtaining possession
(ii) of the personal property of another
(iii) by fraud or deception

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FALSE PRETENSES

(i) obtaining title
(ii) of the personal property of another
(iii) through an intentional false statement of material fact
(iv) w/ intent to defraud

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EXTORTION

(i) obtaining the property of another
(ii) by threat of future harm to V or his property

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EMBEZZLEMENT

(i) lawful possession
(ii) of the property of another
(iii) conversion
(iv) w/ the intent to permanently deprive the lawful owner of that property

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RECEIVING STOLEN GOODS

(i) gaining possession of stolen property
(ii) w/ knowledge that the property is stolen
(iii) w/ intent to permanently deprive the owner of that property

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BURGLARY

  1. CL Elements

  2. MPC Elements

  1. (i) breaking and entering
    (ii) of a dwelling
    (iii) of another
    (iv) at night
    (v) w/ the intent to commit a felony therein

  2. (i) breaking and entering
    (ii) of a building
    (iii) of another
    (iv) w/ the intent to commit a felony therein

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ARSON

(i) burning
(ii) of property
(iii) of another
(iv) w/ malice

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POSSESSION

(i) possession of an item
(ii) that is unlawful according to statute
(iii) w/ knowledge of possession
(iv) w/ knowledge of the item