Criminal Law Outline

I. Actus Reus

A manifestation of the actor's will.

II. Mens Rea

  • Elements of Criminal Intent
  1. The person acts with the purpose of intending the consequence, or
  2. the person acts knowing that the consequence is substantially certain to result.

III. Mistake Defense

  • An actor need not intend a particular consequence only to take the action that resulted in the consequence.
  • If an actor does not understand the collateral effect of their conduct, it may negate the criminal intent.
  1. Criminal intent is not met if the actor was led to believe their actions were lawful by a government agent empowered with authority to interpret the section of law in question.

IV. Attempt

  • Elements of Criminal Attempt:
  1. An intent to do an act or bring about particular consequences which would in law amount to a crime; and
  2. \    
    1. act in furtherance of that intent that goes beyond mere preparation.
  • Substantial Step
    • The actor's conduct is strongly corroborative of the actor’s criminal purpose.
    • Δ’s act must go beyond the preparation stage so that the crime would be complete if not interrupted extraneously.
    • MPC Substantial Step Test:
  1. Lying in wait, searching for or following the contemplated victim of the crime;
  2. Enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
  3. Reconnoitering the place contemplated for the commission of the crime;
  4. Unlawful entry of a structure, vehicle, or enclosure in that it is contemplated that the crime will be committed;
  5. Possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or that can serve no lawful purpose of the actor under the circumstance;
  6. Possession, collection, or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection, or fabrication serves no lawful purpose of the actor under the circumstances;
  7. Soliciting an innocent agent to engage in conduct constituting an element of the crime.
  • Factual Impossibility is no defense to attempt
  1. Impossibility
  2. Legal Impossibility - denotes conduct where the actor's goal is not criminal, although he believes it to be.
  3. Factual Impossibility - denotes conduct where the objective is proscribed by criminal law, but a circumstance unknown to the actor prevents him from bringing it about.
  4. Inherent impossibility - denoted conduct where the means chosen are totally ineffective in bringing about the desired result.
  • Renunciation of Criminal Purpose
    • An affirmative defense only if the circumstances manifest a complete and voluntary renunciation of his criminal purpose.
    • The renunciation cannot be motivated, in whole or in part, by circumstances that increase the probability of detection or make the completion of criminal intentions more difficult.

V. Accomplice Liability

  • The liability is transferable to all accomplices if a crime is committed in the furtherance of a common goal or plan.
    • The extra crime must be reasonably foreseeable, or the accomplice is not liable.
    • Assistance with a completed crime does not make you an accomplice.
  • Still guilty of a crime, just not being an accomplice.
  • Knowledge of a crime is not enough Δ must take some encouraging action.
    • Encouragment or actions that encourage are enough to establish complicity regardless of motivation.
    • Providing assistance is not if the accomplice is unaware that the principal will commit a crime.
    • Accomplice must provide assistance with the intent to help.

VI. Larceny

  • Elements of Criminal Larceny:
  1. A trespassory
  2. taking and
  3. carrying away of the
  4. personal property
  5. of another
  6. with intent to steal it.
  • Possession in some circumstances can satisfy “trespassory taking.”
    • “Trespassory taking” can be established by exercising a level of control over an object violative of the owner’s continued property right.
  • The Intent of the taking must be permanent.

VII. Embezzlement

  • Elements of Embezzlement:
  1. The fraudulent
  2. conversion of
  3. property
  4. of another
  5. by one who is already in lawful possession.
  • Subsequent restoration does not vitiate the act of embezzlement.
  • Δ must be in a “position of [entrustment]” over the property and not like a  “thief in the night.”
    • Authority is not established by mere control or access.
  • Actual possession is not necessary so long as control is abused.
    • An actor does not have to have the money physically to embezzle it.

VIII. False Pretenses

  • Elements of Criminal False Pretenses:
  1. A false representation of a material present or past fact
  2. which causes the victim
  3. to pass ownership to
  4. his property to the wrongdoer,
  5. who

   

  1. knows his representation to be false and
  2. intends thereby to defraud the victim.
  • The representation must be of a past or present tense.
    • Future representations do not satisfy even if the Δ had no intention of fulfilling the promise.
    • A false statement as to “intention” to perform a promise can suffice to support the crime. But the mere fact that the defendant did not perform the promise is not by itself sufficient to prove that the defendant never intended to perform the promise. More evidence of the defendant’s intention not to perform must be offered.
    • The representation must be the cause for the victim to give ownership of the property to the Δ otherwise not false pretense.
  • The victim must voluntarily give ownership of their property to the wrongdoer.
  • The Δ must know that the representation is false, and Δ  must intend to defraud the victim.
    • Intent to defraud is assumed with the act and the resulting injury.

IX. Burglary

  • Elements of Criminal Burglary:
  1. The breaking and
  2. entering of
  3. a dwelling house
  4. at night
  5. with the intent to commit a felony therein.

   

  1. Breaking: is any action that creates an entry.

(i.e., opening a door that is not locked, breaking a window, etc.)

  1. Entering: if any part of the body enters to any degree.

(i.e., even if one toe crosses the threshold)

  1. Night: Just after dusk and just before dawn.
  • Breaking is rarely an element in most statutes; usually, a lack of consent from the owner is enough to establish a trespass.
  • A dwelling house is rarely an element in most statute requirements but is relevant for establishing the degree of danger the trespasser created.
  • Entering a permitted dwelling in excess of permission satisfies the trespassory element.

X. Robbery

  • Elements of Criminal Robbery:
  1. Trespassory
  2. taking and
  3. carrying away of the
  4. personal property
  5. of another
  6. with intent to steal it — plus two additional requirements:
  7. that the property be taken from the person or presence of the other and
  8. that the taking be accomplished by means of force or putting in fear.
  • Robbery must satisfy larceny (no theft, no robbery).
  • A good faith claim of right to the taken property is a defense against robbery.
  • Robbery is always punished more severely than larceny because the degree of robbery is determined not by how much was taken but by how much force was used.