Criminal Law

Bar Prep

GENERAL INTENT

GENERAL INTENT

offender is

aware criminal consequences

reasonably certain

to result from act or omission

SPECIFIC INTENT

offender

actively desired

criminal consequences to follow

act or omission

CRIMINAL NEGLIGENCE

gross deviation

below standard of care

maintained by reasonable careful person

under like circumstances

PRINCIPALS

Committed criminal act OR

aid, abet, counsel or procure

another to commit

whether at scene or not

ACCESSORIES AFTER THE FACT

After felony

harbors, conceals or aids

with active or constructive knowledge

of felony AND

intent to help avoid punishment

CRIME

conduct defined as criminal in Code,

other acts or in the Constitution,

give provisions genuine construction

according to fair import of word staking

FIRST DEGREE MURDER

1. Killed a Human Being

2. Specific Intent to kill or inflict great bodily harm

3. Aggravating Circumstance

felony murder + enumerated (agency theory / direct act of him or accomplice)

fireman or police officer (incl lab employee performing lawful duties)

more than one person

age (under 12 OR 65+)

anything of value

drug distribution

restraining order in effect w/ victim

to influence testimony

taxi driver in course of employment

previously acted w/ specific intent that resulted in killing

correction facility employee in course of employment

FELONY MURDER

1. Guilty of First Degree Murder if the

2. death occurred while engaged in the

3. perpetration or attempted perpetration of

Agency Theory Killing Must be the Direct Act by Felon or Accomplice / not all foreseeable

Aggravated Kidnapping

Second degree kidnapping

Aggravated Escape

Aggravated Arson

Aggravated 1st Degree Rape

Forcible or 2nd Degree Rape

Aggravated Burglary

Armed Robbery

Assault by Drive By Shooting

1st Degree Robbery

2nd Degree Robbery

Simple Robbery

Terrorism

Cruelty to Juveniles

SECOND DEGREE MURDER

Intent to Kill or Inflict great bodily harm

felony murder even though NO intent to kill or inflict great bodily harm

Controlled Dangerous Substances

distributes or dispenses a

controlled dangerous substance that is the

direct cause of death

MANSLAUGHTER

Sufficient Provocation

1. Intentional Manslaughter Sudden Passion

2. Unintentional Manslaughter

3. Manslaughter During a Crime of Violence

INTENTIONAL MANSLAUGHTER SUDDEN PASSION

1. sudden passion or heat of blood

2. provocation sufficient to deprive an average person of self control

MUST SHOW

Blood did not actually cool

average persons would not have

preponderance

cannot consider mental illness causing anger as part of provocation

NEGLIGENT HOMICIDE

Killing of human being

1. by criminal negligence OR

2. dog or other animal when owner

3. reckless and criminally negligent

Not Police dog, service dog

Dog lawfully in dwelling, business or car and

protecting property where

made unlawful entry

livestock

Violation of Statute Ordinance Presumptive Evidence of Criminal Negligence

Negligent Injuring if owner reckless and criminally negligent

VEHICULAR HOMICIDE / 1st / Negligent

1. operation of or in

2. actual physical control of

3. motor vehicle

   under influence of alcohol or controlled dangerous substance

   BAC .08 or more or any CS Not Prescribed

   combo alcohol and drugs *AFF DEF NO WARNING LABEL

   knowingly exceed dosage

Vehicular Negligent Injuring

1st Degree if Serious Bodily Injury

Negligent if injured

BATTERY

1. Intentional use of force or violence OR

2. Intentional Administration of Poison

General Intent

Specific Intent for 2nd Degree

Requires Physical Contact

Indirect application of force is sufficient

SIMPLE BATTERY

Battery committed without consent of victim

Battery of the Infirm ( age or mental disability)

No attempted simple battery = simple assault

Spitting / Urine

SECOND DEGREE BATTERY

Intentionally inflicts serious bodily injury

Does not apply to medical providers with consent

SERIOUS BODILY INJURY

1. unconsciousness

2. extreme physical pain

3. protracted and obvious disfigurement

4. protracted loss or impairment of function of organ, mental faculty or bodily member

5. substantial risk of death

AGGRAVATED BATTERY / 2nd

Battery Committed with a Weapon

1. intentionally used force on the victim

2. inflicted with a dangerous weapon

3. used in a manner likely or calculated to cause death or great bodily harm

2nd Degree Battery

1. intentionally inflicts serious bodily harm

2. With a Dangerous Weapon

Enumerated List of Other Batteries

ASSAULT / SIMPLE / AGG /

1. attempt to commit a battery

2. intentional placing of another

3. in reasonable apprehension

4. of receiving a battery

Simple Assault = no weapon

Aggravated = with a dangerous weapon

Agg assault with Firearm

Agg Assault on Police Officer = course and scope of his duties

Assault by Drive By Shooting = motor vehicle to facilitate the assault

Unlawful Communications = repeatedly to harass or offend

Agg Assault = Utility w/ firearm, peace officer w/ car, domestic abuse, school teacher, child welfare worker

STALKING

1. intentional and repeated

2. following or harassing

3. would cause a reasonable person

4. to feel alarmed or to suffer emotional distress

not investigators

Cyber Stalking = any electronic communications to threaten terrify harass another

RAPE / 1st /2nd /3rd

1. Commission of anal, oral, vaginal sexual intercourse

2. without lawful consent

1st Degree = under 13 or 65+, force, threats of great bodily harm, armed with dangerous weapon

mental infirmity

2nd Degree = threat of physical violence and reasonably believes, drugged

3rd Degree = intoxicating agents, unsound and knew, impersonation

SIMPLE KIDNAPPING

1. seizing and carrying person from one place to another without consent

2. intentional taking, enticing or decoying

3. child under 14 for an unlawful purpose w/o parents consent

4. person who has been lawfully committed w/o consent of proper authority

5. by parent not the custodian and removing from state w/ intent to defeat the jurisdiction over custody

6. by any other person other than parent with intent to defeat the jurisdiction of the court over the custody of the child

Distance Immaterial

SECOND DEGREE KIDNAPPING

1. forcible seizing and carrying or enticing or persuading

2. any person to go from one place to another

3. OR imprisoning and forcible secreting of any person when victim is

   1. used as a shield or hostage

   2. used to facilitate commission of a flight from a felony

   3. physically injured or sexually abused

   4. imprisoned or kidnapped for 72 or more hours

   5. OR when the offender is armed w/ dangerous weapon or leads victim to reasonably believe he is armed with dangerous weapon

AGGRAVATED KIDNAPPING

1. forcible seizing and carrying of any person from one place to another

2. enticing or persuading of any person to go from one place to another OR

3. imprisoning or forcible secreting of any persons

4. with intent

5. to force them to give up something of value

FALSE IMPRISONMENT

1. Intentional

2. confinement or detention of another

3. without his consent and without proper legal authority

4. if armed with dangerous weapon higher punishment

DEFAMATION

1. The Malicious Publication or Expression

2. in Any manner

3. to anyone other than person defamed that tends

4. to expose to hatred, contempt, ridicule, deprive of the benefit of public confidence or social

5. expose the memory of a deceased person to hatred, contempt, ridicule

6. to injure any person, corporation, or association in his or its business occupation

If a defamatory publication or expression is false MALICE is presumed unless a justifiable motive for making it is shown

If True, actual malice must be proved to convict

HOMICIDE

1. the killing of another

2. by the act, procurement, or culpable omission of another

1st Degree

2nd Degree

Manslaughter

Negligent Homicide

Vehicular Homicide

transferred intent when kill other than intended victim

CRIMINAL DEFENSES

1. Infancy

2. Insanity

3. Intoxication

4. Mistake of Fact

5. Mistake of Law

6. Self Defense

7. Justifiable Homicide

8. No Duty to Retreat

9. Presumption that Use of Force Was Necessary

10. Right of Aggressor to Use Self-Defense

11. Defense of Others

INFANCY DEFENSE

Under 10 cannot be responsible

Physical Age at time of crime governs

Jurisdiction younger than 17 BUT not 15 and 16 accused of 1st Degree and 2nd Degree murder, 1st Degree rape, Aggravated Kidnapping

INSANITY DEFENSE

M’Naughten Rule

1. Because of a mental disease or Defect

2. was incapable of distinguishing b/w right and wrong

3. with respect to the conduct in question

Presumed Sane

Must Prove by Preponderance of Evidence

Incapacity to Proceed where due to mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his defense

NO DIMINISHED CAPACITY IN LOUISIANA

INTOXICATION DEFENSE

Immaterial except for

1. involuntary and was the direct cause of the criminal conduct

2. negates the existence of specific intent or special knowledge required for a particular crime

MISTAKE OF FACT / IGNORANCE OF FACT DEFENSE

Reasonable ignorance or mistake negates the presence of mental element required by a crime is a defense

Ex) Def. misappropriates property believing it is hers = mistake of fact

Ex) Def. receives stolen goods reasonably believing them not to be stolen = ignorance of fact

MISTAKE OF LAW / IGNORANCE OF LAW DEFENSE

Ignorance is NOT a defense

Mistake of law is if

1. lacks the intent that criminal consequences will follow

2. reasonably relied on repeal of existing criminal law

3. reasonably relied on court of last resort law unconstitutional

JUSTIFICATION

1. conduct is in reasonable fulfillment of his duties of public office or lawful arrest

2. defendants conduct authorized by law

3. reasonable discipline of a minor and parent or teacher

4. when crime consists of an affirmative duty and the failure is caused by physical impossibility

5. committed under duress (except murder) compelled to act b/c threats of death or great bodily harm he reasonably believes would happen

6. self defense or defense of property

DEFENSE OF SELF AND PROPERTY

May use force when reasonably believes it is necessary to

1. Prevent a forcible offense

2. Prevent the other person from unlawfully entering OR compel other person to leave that they are lawfully inside

3. Dwelling, Place of Business, or Motor Vehicle

4. NOT WHILE ENGAGING IN DISTRIBUTION OF CS

JUSTIFIABLE HOMICIDE

1. in self defense by one who reasonably believes he is in imminent danger of death or great bodily harm AND killing is necessary to save himself from danger

2. to prevent a violent forcible felony involving great bodily harm

3. likely to use unlawful force against him WHILE attempting to commit a burglary or robbery

4. someone who is attempting or has made unlawful entry AND necessary to compel the intruder to leave

NO DUTY TO RETREAT

PRESUMPTION IF LAWFULLY INSIDE DWELLING NECESSARY

RIGHT OF AGGRESSOR to USE SELF DEFENSE

Must Withdraw in Good Faith

Adversary Knows or Should Have Known

Desires to Withdraw and Discontinue Conflict

DEFENSE OF OTHERS

1. reasonably apparent that the person attacked

2. could have used such force himself AND

3. reasonably believed that

4. intervention was necessary to protect the other person

HUMAN TRAFFICKING

1. Recruiting, Harboring, Transporting, or Soliciting

2. a person to provide services or labor

3. through fraud, force or coercion

FETICIIDE

Partial Birth Abortion

1st Degree = 2nd Degree Murder

2nd Degree = Manslaughter

3rd Degree = Negligent Homicide / Vehicular Homicide

CRIMINAL ASSISTANCE TO SUICIDE

1. Advising or Encouraging OR

2. Providing Means w/ Knowledge of Use

POSSESSION OF STOLEN THINGS

1. intentional possessing

2. of anything of value

3. which has been the subject of robbery or theft

4. when knew or good reason to believe the thing was stolen

Illegal Possession of Stolen Firearms

AFF DEFENSE WRITE DA WITHIN 72 HOURS

THEFT

1. misappropriation or taking

2. of anything of value

3. that belongs to another

4. either w/o consent, fraudulent conduct, practices, representations

5. with an intent to deprive other

6. permanently of the property

livestock

utility services

petro products

oilfield survey

oil and gas equipment

goods

timber

firearm

fuel

amonia

business record

used building component

assets of aged or disabled person

identity theft

bridge toll

motor vehicle

copper from church or graveyard

UNAUTHORIZED USE OF A MOVEABLE / MOTOR VEHICLE

1. intentional taking or use

2. of a moveable that belongs to another

3. w/ or w/o consent or fraud, practices, representations BUT

4. w/o intent to deprive permanently

FORGERY

Unlawful with intent to defraud

1. forge any signature or legal document

2. issue transfer or possess a forged writing

3. known by offender to be forged

   Issuing Worthless Checks

   Credit Card Fraud

   anti-skimming of payment card info

   rental vehicle

   cheating and swindling

   mortgage fraud

   fraudulent credit card app

   medicare fraud

   fraudulent acquisition of credit card

UNAUTHORIZED USE OF ACCESS CARD THEFT

Credit and ATM cards

theft if used with intent to defraud

forged, revoked, stolen & borrowed cards

COMMERCIAL BRIBERY

Paying agent with

knowledge of principal

specific intent to

influence agents action

FELONY

Death or Hard Labor Sentence

MISDEMEANOR

Any Crime Not a Felony

DANGEROUS WEAPON

Anything which in manner used

calculated or likely

to produce Death or Great Bodily Harm

ANYTHING OF VALUE

Given Broadest Possible Construction

Corporeal or Incorporeal

PURSE SNATCHING

Theft of anything of Value

w/in purse or wallet

from the person of another OR

immediate control

by force, intimidation, snatching

not armed with a dangerous weapon

CARJACKING

intentional taking

of motor vehicle

in presence of person in possession of vehicle

by use of force or intimidation

EXTORTION

Communicating threats to another

w/ intent to obtain anything of value or any advantage

SIMPLE ROBBERY

taking of anything of value

belonging to another

from the person of another OR

immediate control

NOT armed w/ dangerous weapon

ARMED ROBBERY

taking of anything of value

belonging to another

from the person of another OR

immediate control

by use of force or intimidation

while armed with a dangerous weapon

FIRST DEGREE ROBBERY

taking of anything of value

belonging to another

from the person of another OR

immediate control

by use of force or intimidation

NO dangerous weapon BUT

leads victim to reasonably believe he is armed w/ dangerous weapon

SECOND DEGREE ROBBERY

taking of anything of value

belonging to another

from the person of another OR

immediate control

by intentionally inflicting serious bodily injury

UNAUTHORIZED ENTRY

Critical Infrastructure

1. Intentional Entry w/o authority

2. completely enclosed by barrier

Inhabited Dwelling

1. Unauthorized Entry

2. of structure used as a home

Places of Business

1. if completely enclosed by 6 foot barrier

Dwelling during Disaster, unless attempting rescue or refuge

AGGRAVATED BURGLARY

1. Unauthorized entering

2. of inhabited dwelling OR structure /movable

3. where person is present

4. w/ intent to commit felony or theft

5. offender is or becomes armed w/ dangerous weapon

6. OR commits battery

SIMPLE BURGLARY

1. unauthorized entering

2. of a dwelling, vehicle, other structure or cemetery

3. w/ intent to commit felony or theft

   Inhabited Dwelling =w/ intent to commit felony or theft within

   Pharmacy = w/ intent to commit theft of drug

   Religious Building

   Law Enforcement or Emergency Vehicle

HOME INVASION

unauthorized entry of home

when person present

w/ Specific Intent

to use force against person

or harm property

LOOTING

Intentional Entry

of any moveable or immovable

when normal security not present

b/c of force majeure or riot

Enhanced if State of Emergency

TRESPASS

entry or remaining in place

after being forbidden

trespass w/ intent to surveil

unlawful use of drone over jail

CRIMINAL TRESPASS

Entering or remaining

movable or immovable

owned by another

w/o express legal or implied authorization

OK FIRE, EMT, GOVT AGENT, POLICE

AGGRAVATED CRIMINAL DAMAGE TO PROPERTY

intentional damaging of structure or moveable

other than by fire or explosion

foreseeable that human life

might be endangered

SIMPLE CRIMINAL DAMAGE TO PROPERTY

Intentional damaging of property w/o consent

other than by fire or explosion

MISCELLANEOUS CRIMINAL DAMAGE TO PROPERTY

Coin operated device

pipeline facility

genetically engineered crops / facilities

property w/ intent to defraud

contaminating water supplies (public or private)

defacing w/ grafitti

CRIMINAL MISCHIEF

tampering w/ property of another

w/o consent

w/ specific intent

to interfere with

enjoyment or use

false fire alarm causing emergency response

false report of crime to officer

missile in public place

remaining in place of business after being told to leave

discharge of firearm at train

graffiti on property w/o consent

AGGRAVATED ARSON

intentional damaging by explosion or fire of

structure or moveable

foreseeable that

human life might be endangered

SIMPLE ARSON

intentional explosion or fire

of property

w/o consent OR

unintentional fire or explosion

during felony

INCITING A FELONY

Inciting or Procuring

Another Person

to Commit a Felony

MISCELLANEOUS ARSON CHARGES

Religious Buildings

With intent to defraud

Communicating false info re planned arson

Communicating false info re bombing a school

Injury by arson

Placing combustible materials w/ specific intent to set fire is ATTEMPTED ARSON

Manufacture of delayed action incendiary devices

Manufacture or possession of a bomb

Manufacturing or possession of a fake explosive device

MISCELLANEOUS SEX CRIMES

Computer aided solicitation for sexual purposes (texts too)

Female genital mutilation

sexting

prohibited sexual conduct b/w educator and student 4 years apart

trafficking in children with sexual purpose

unauthorized use of wireless router to download porn

indecent behavior with juvenile seeking arousal via communication 2+ older

DISTURBING THE PEACE

fist fight

appearing intoxicated

use of offensive or derisive words in public place

if foreseeable to disturb or alarm public

ATTEMP

Specific intent to commit crime

commits or omits acts

for purposes of and tending directly

toward accomplishing object

POSSESSION OF CONTROLLED DANGEROUS SUBSTANCE

Possession of CDS

w/ intent to Distribute

Possession of Hallucinogenic Plant with intent to distribute

MD CAN PRESCRIBE MJ FOR GLAUCOMA, PAIN, PTSD,

OBSTRUCTION OF JUSTICE

Tampering w/ Evidence

OR threatening force or retaliation in re testimony

when act has or reasonably may have

affect a criminal proceeding

OR persuading not to testify after subpoena

ACCESSORY AFTER THE FACT

Harbors Conceals or Aids Felon

knows or reasonably should know person committed a felony

Specific Intent to avoid punishment

COMPOUNDING FELONY

Accepting anything of value

that belongs to another

by person having knowledge of a felony,

upon an agreement,

express or implied,

to conceal such offense

or not prosecute the same

RESISTING AN OFFICER

Intentional interference or resisting

lawful arrest

w/ force or violence more serious

includes flying a drone or crossing a police line

FLIGHT FROM OFFICER / AGGRAVATED

failure to bring vehicle or boat to stop

after a visual and audible signal

when officer has probable cause

AGGRAVATED WHEN HUMAN LIFE ENDANGERED

OTHER LAW ENFORCEMENT OFFENSES

must register re violent offenses against police officers

Swatting false alarm with intent to cause emergency response

filing false complaint w/ police officer for purpose of administrative action

false personation of police officer (badge lights and siren)

Illegal Carrying of Weapons

on premises of alcoholic beverage outlet

by Convicted Felon

Supplying known felon with firearm

Intentional concealment of firearm or other weapon on ones person

during crime of violence of CDS

on Campus of a School Zone

INTIMIDATION BY OFFICERS

threats or violence to get confession from someone is custody

TERRORIZING

Intentional Communication

of Information re impending harm

to cause fear

CYBER BULLYING

Transmission

to torment

someone under 18

CROSS BURNING

on property

of another or public

with intent to intimidate

SEXUAL BATTERY

intentional touching

of anus or genitals OR

made victim touch theirs

CARNAL KNOWLEDGE OF JUVENILE FELONY

consensual penetration of non spouse

offender is > =17 and

victim 13-16 AND

Age Diff is >= 4 years

lack of knowledge of age not a defense

CARNAL KNOWLEDGE OF JUVENILE MISDEMEANOR

Intentional penetration of non spouse

offender is greater than 17=

age Difference 2-3 years

FELONY IF PRIOR OFFENDER

2ND DEGREE SEXUAL BATTERY

Intentional touching of anus or genitals

Intentional infliction of Serious Bodily Injury

MISDEMEANOR SEXUAL BATTERY

intentionally

touches breasts or butt

w/o consent

DWI

operating any vehicle with or without license

under the influence of alcohol

w/ BAC over .08

under influence of CDS

under influence of lawful drug in excessive dosage (no warning label defense)

under influence of combo

HIT AND RUN

intentional failure to stop and give identity and render aid at scene of accident

CONSPIRACY

Agreement or Combination of

2 or more people

for specific purpose of committing any crime

AND an overt act in furtherance

Solicitation of Murder

ORAL SEXUAL BATTERY

same as sexual battery but with mouth

INTENTIONAL EXPOSURE TO AIDS

Intentionally exposes someone

to AIDS

through any means

w/o knowing and lawful consent

Attempted Murder

Specific Intent To Kill Victim

AND

Does an Act toward Accomplishing that act

(But doesn’t succeed)

Possession of a Concealed Firearm

Illegal carrying of weapons includes

The intentional concealment

Of a firearm

On ones person