Criminal Law Fundamentals

Learning Objectives (Overview)

  • Define a crime.

  • Identify key components of a crime.

  • Identify types and classifications of crimes.

  • Practice locating a crime in the RCW or other resources.

  • Find statutory keyword definitions.

  • Describe common defenses.

  • Interpret a statute.

  • Recognize boundaries of legal authority.

  • Discuss the importance of knowledge of criminal law in policing.

  • Explain the relationship between criminal law and procedure.

Crimes: Broad Categories

  • Crimes Against Property: Theft, Malicious Mischief, Arson, Burglary, Trespass, Vehicle Prowl, Fraud & Property, Cybercrimes.

  • Crimes Against People: Domestic Violence, Sex Offenses, Children/Abuse, Robbery, Kidnapping, Harm & Threats to People, Homicide.

What is a Crime? – Foundational Questions

  • How are crimes defined?

  • By which branch of government?

  • How are crimes identified or enforced?

  • By which branch of government? How can you locate or learn? (RCW references)

  • How are crimes interpreted? (No single branch specified in slide; emphasizes RCWs and statutory interpretation)

Articulating Legal Authority

  • To articulate legal authority:

    • Locate and interpret criminal offenses in the appropriate RCW statute.

    • Identify the key elements of the offense as outlined in the RCWs.

    • Differentiate between classes of crimes.

    • Explain the four most frequently used mental states.

  • Why study Criminal Law?

Five Basic Premises of Criminal Law

  • Act or Omission (failure to act) and Mental State (MS) – Concurrence: Act & MS must coincide – Causation: Act & MS cause harm to person or society – All Laws Must be Written to put people on notice.

  • These premises form the core framework for analyzing criminal liability.

Components of Crime

  • Mental State

  • Act

  • Harm

  • (Each component contributes to establishing a criminal offense under the law)

Mental States (Law Governing Washington, 9A.08.010(1)(a)-(d))

  • Intent

  • Knowledge

  • Criminal Recklessness

  • Negligence

  • These are the four basic mental states used to classify offenses.

Mental State Details

  • Intent

    • Example shown: Knowingly or willfully committing an act (e.g., "KNOWINGLY OR WILLFULLY NO TRESPASSING KEEP OUT PRIVATE PROPERTY").

  • Recklessness

    • Conscious disregard of a substantial and unjustifiable risk that a crime will occur or a resulting harm will occur.

  • Criminal Negligence

    • A failure to perceive a substantial and unjustifiable risk that a reasonable person would have perceived, resulting in criminal liability.

Corpus Delicti and Defenses

  • Corpus Delicti or "Body of the Crime": The essential elements that prove a crime occurred, independent of the defendant’s confession.

  • Defenses: Legal justifications that can excuse or excuse criminal liability under certain circumstances.

  • Defenses slide highlights common defenses (e.g., self-defense, insanity, duress, entrapment) with specific examples.

Boundaries of Legal Authority

  • Boundaries define where police authority applies; crossing these boundaries can lead to unlawful conduct.

  • The concept is reinforced with imagery (Police Line) to emphasize the limits of authority.

Types/Classes of Crimes and Penalties

  • Felonies:

    • Class A: Life imprisonment or up to 50,00050,000 fine.

    • Class B: Up to 1010 years imprisonment or up to 20,00020,000 fine.

    • Class C: Up to 55 years imprisonment or up to 10,00010,000 fine.

  • Misdemeanors:

    • Gross Misdemeanor: Up to 364364 days in jail or up to 5,0005,000 fine.

    • Misdemeanor: Up to 9090 days in jail or up to 1,0001,000 fine.

  • Types/Classes of Crimes and Max Penalties summary.

Statute of Limitations (Limitation of an Action)

  • No limit: murder, most sex crimes against children.

  • 2020 years: Rape 1st & 2nd degree.

  • 1010 years: Felony by LE/public officer.

  • 33 years: Most other felonies.

  • 22 years: Gross Misdemeanors.

  • 11 year: Misdemeanors.

  • Time to prosecute is governed by 9A.04.080.

Time Limit Examples and Exceptions

  • Scenario: Bob steals a car on June 8, 2021. If the 3-year felony limit runs on June 8, 2024, and Bob moves to Alaska on June 8, 2022, returns June 9, 2024, and is arrested for Theft of a Motor Vehicle, the clock considerations include: not residing in WA for part of the period; potential tolling or exceptions; refer to 9A.04.080(2) & (4).

Group Activity and Applied Learning

  • ACTIVITY: Identify for each item whether it requires:

    • Mental State

    • Act(s)

    • Other conditions/requirements

    • Harm (or) Define/Describe

    • Define Deadly Weapon, Building, & 3 types of bodily harm (9A.04.110(4)-(6))

    • Burglary 1st (9A.52.020)

    • Assault 1st (9A.36.011)

    • Harm to LE Animal (9A.76.200) & Insanity Defense (10.77.010(6), 10.77.030)

    • Justifiable Homicide (LE) (9A.16.040) & Define Deadly Force & Necessary (9A.16.010)

  • Group Exercise: 33

Key Definitions and Statutory References

  • What’s a Building? What’s Bodily Harm? What’s a Deadly Weapon? Why does it matter? (Statutory Definitions 9A.04.110)

  • Bodily Harm (BH) Defined: Substantial BH, Great BH, BH (illustrative)

  • Halloween Statute memory aid: RCW 10.31.100, with explanations and exceptions to the Misdemeanor Presence Rule.

Application to Patrol Procedures Basic

  • How today’s topic applies to Patrol Procedures Basic: interrelatedness of Criminal Law to Criminal Procedure and Criminal Investigations to articulate legal authority.

  • Decision-making during police calls based on crime type; use of RCWs for enforcement; using criminal procedure during investigations.

  • Communication skills to gather information during investigations based on elements of a crime.

Operational Expectations for Students

  • You will be expected to know how to:

    • Enforce the law by applying information gathered during a police call to local, state, federal law, and case law precedent.

    • Use RCWs as legal justification for enforcement actions during a police call.

    • Use Criminal Procedure during a police call.

Review Topics and Core Concepts

  • Elements of a crime; five basic premises of criminal law; mental states; rule of Corpus Delicti; jurisdictions; definitions (RCW 9A.04.110); classification of crimes / statute of limitations; class topic review.

Key RCWs and Concepts to Remember (Summary)

  • RCW 9A.04.110: Definitions (building, bodily harm, and related terms).

  • RCW 9A.04.080: Time to prosecute; statute of limitations framework

  • RCW 9A.04.110(4)-(6): Deadly weapon, building, and three types of bodily harm

  • RCW 9A.52.020: Burglary 1st

  • RCW 9A.36.011: Assault 1st

  • RCW 9A.76.200: Harm to law enforcement animal

  • RCW 9A.16.010, 9A.16.040: Justifiable Homicide (LE) and Deadly Force/Necessary

  • RCW 10.31.100: Halloween Statute (memory aid for exceptions to the Misdemeanor Presence Rule)

  • 9A.08.010(1)(a)-(d): Mental states (Intent, Knowledge, Recklessness, Negligence)

  • 9A.04.110: Definitions including Actus Reus, Mens Rea, Harm, Concurrence, and Causation