Crimes Final

CL def. murder

killing another human being w/ malice aforethought

CL def. rape

unlawful intercourse by a man against a woman who is not his wife by force or threat and against her will

CL def. false imprisonment

restraint of a person w/o justification or consent

CL def. assault

intentionally putting another in fear of an imminent harmful or offensive contact

CL def. battery

intentional harmful or offensive touching w/o consent

CL def. larceny

taking and carrying away of the personal property of another w/ the intent to permanently deprive

CL def. burglary

breaking and entering the dwelling place of another at night w/ the intent to commit a felony therein

CL def. robbery

taking the personal property of another w/ the intent to permanently deprive by means of force or fear

elements - first degree murder

1. D unlawfully killed victim

2. D acted intentionally

3. killing was premeditated

elements - second degree murder

1. D unlawfully killed victim

2. D acted knowingly

elements - rape

1. unlawful sexual penetration

2. a. force or coercion used OR

b. w/o consent OR

c. victim mentally defective, incapacitated, or physically helpless

d. D accomplished sexual penetration by fraud and

3. intentionally, knowingly, or recklessly

elements - false imprisonment

1. D removed or confined another unlawfully so as to interfere substantially w/ the other's liberty

2. knowingly

elements - assault

A. 1. D caused bodily injury

2. recklessly

B. 1. D caused another to be in reasonable fear of imminent bodily injury

2. knowingly

C. 1. D caused physical contact

2. reasonable person would regard contact as extremely offensive or provocative

3. knowingly

elements - theft of property

1. D knowingly obtained or exercised control over property owned by another

2. D did not have owner's consent

3. D intended to deprive the owner of the property

elements - theft of services

A. 1. D obtained services

2. services obtained by deception, fraud, coercion, forgery, or false statement

3. intentionally, or

B. 1. D had control over disposition of services to others

2. D diverted those services to their own benefit

3. knowingly, or

C. 1. D absconded from establishment where compensation for service paid immediately

2. without payment or bona fide offer to pay

3. knowingly

elements - aggravated burglary

1. D entered a habitation

2. w/ intent to commit a felony, theft, or assault

3. w/o consent of the owner

4. intentionally, knowingly, or recklessly

elements - robbery

1. D knowingly obtained property owned by another

2. w/o owner's consent

3. intended to deprive owner of the property

4. D took the property from the owner by violence or by putting them in fear

5. knowingly

aggravating elements - assault -> aggravated assault

serious bodily injury

or used or displayed a deadly weapon

or strangulation

or acting in concert w/ 2 or more others

aggravating elements - false imprisonment -> kidnapping

removal or confinement exposed risk of bodily injury

aggravating elements - kidnapping -> aggravated kidnapping

D did so to facilitate commission of crime or flight

or to interfere w/ government or political function

or w/ intent to inflict serious bodily injury

or victim suffered bodily injury

or D possessed or threatened use of deadly weapon

aggravating elements - aggravated kidnapping -> especially aggravated kidnapping

accomplished w/ deadly weapon or article used or fashioned to make victim believe

or victim under age 13

or victim held for ransom or reward

or victim used as a shield or hostage

or victim suffered serious bodily injury

aggravating elements - rape -> aggravated rape

weapon or article used or fashioned to make victim believe

or D aided by 1 or more

plus fraud or coercion or D knew victim was mentally defective or helpless

aggravating elements - sexual battery -> aggravated sexual battery

force w/ deadly weapon or article used to make victim belief

or caused bodily injury

or D aided by one or more and force or mentally defective or physically helpless

or victim less than 13

aggravating elements - robbery -> aggravated robbery

deadly weapon or article used or fashioned to make victim believe

or serious bodily injury

aggravating elements - aggravated robbery -> especially aggravated robbery

deadly weapon

and serious bodily injury

aggravating elements - burglary -> aggravated burglary

someone's habitation

aggravating elements - aggravated burglary -> especially aggravated burglary

victim suffers serious bodily injury