Homicide and Related Legal Concepts

Chapter 9: Homicide and Related Offenses

1. Common Law Murder

  • Unlawful Killing: A killing without legal justification or excuse.

  • Of Another Human Being: The victim must be another person.

  • With Malice:

  • Specific intent to kill.

  • Aforethought: Premeditation signifies that the intent to kill was formed upon reflection.

2. Causation

  • Factual Cause: The death must be the "but for" result of the criminal act.

  • Proximate Cause: Legal cause that may impose limits on liability.

3. Degree of Murder

First Degree Murder

  • Elements:

  1. Unlawful killing of another human being.

  2. With a premeditated design to kill.

  • Premeditation: Intent to kill formed upon deliberation, excludes passion.

Felony Murder

  • Definition: Killing occurring during the commission of an inherently dangerous felony.

  • Inherently Dangerous Felonies: Those that carry a direct risk of death or great bodily harm.

Second Degree Murder
Intentional Unlawful Killing

  • Elements:

  1. Unlawful killing of another human being.

  2. Intentional but unpremeditated.

  • Example: Killing in response to provocation.

Act with Wanton Disregard

  • Elements:

  1. Unlawful killing of another human being.

  2. Engaged in inherently dangerous acts with indifference to human life.

Intent to Inflict Bodily Harm

  • Elements:

  1. Unlawful killing of another.

  2. With intent to inflict serious bodily harm, but not to kill.

4. Manslaughter

Voluntary Manslaughter

  • Elements:

  1. Intentional unlawful killing of another human being.

  2. Occurs in heat of passion provoked by adequate provocation (e.g., discovering infidelity).

Involuntary Manslaughter

  • Elements:

  1. Unlawful killing of another due to culpable negligence.

  • No intent to kill required.

5. Culpable Negligence

  • Definition: Acting with reckless disregard for the likely consequences of one’s actions.

6. Negligent Homicide

  • Elements:

  1. Unlawful killing through simple negligence.

  2. Fails to meet the standard of care that a reasonably careful person would exercise.

Chapter 10: Sexual Offenses

1. Rape Definition (Common Law)

  • Elements:

  1. Carnal knowledge of a woman (not the wife).

  2. By force and against her will.

  • Consent: Cannot be obtained through force; unconsciousness negates consent.

2. Assault

By Attempt

  • Elements:

  1. An overt act intending to inflict harm; must go beyond mere preparation.

  2. Conduct must be without legal justification.

By Offer

  • Elements:

  1. An offer that unlawfully creates a reasonable apprehension of immediate harm.

3. Aggravated Assault

  • Types:

  1. By Attempt: Using a weapon likely to cause great bodily harm.

  2. By Offer: Creating a reasonable apprehension of harm with a deadly weapon.

4. Battery (Consummated Assault)

  • Definition: Infliction of bodily harm through unlawful force.

5. Kidnapping

Common Law

  • Forcibly abducting a person from one country to another.

Utah Code

  • Detaining or restraining a victim without legal authority against their will.

Chapter 11: Crimes Against Property

1. Common Law Larceny

  • Elements:

  1. Trespassory taking and carrying away.

  2. Personal property of another, with intent to permanently deprive them of it.

2. Contemporary Robbery

  • Elements:

  1. Wrongfully taking personal property from another by force or fear.

  2. With the intent to permanently deprive the owner.

3. Common Law Burglary

  • Elements:

  1. Breaking and entering a dwelling at night with the intent to commit a felony.

4. Inchoate Crimes

Attempt

  • Trying to commit a crime, consisting of:

  1. Specific intent to commit the crime.

  2. An act moving beyond mere preparation.

Conspiracy

  • Definition: Agreement between two or more persons to commit an offense.

Solicitation

  • Definition: Advising or requesting another to commit an offense; complete upon the request being made, regardless of whether the crime is committed.