1st Midterm

Question 1

Actus Reus

Answer 1

A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of that he is physically capable

Question 2

MPC Material Elements

Answer 2

Conduct, circumstance, result

Question 3

Act or Action

Answer 3

A bodily movement whether voluntary or involuntary

Question 4

Involuntary Acts

Answer 4

(a) a reflex or convulsion, (b) a bodily movement during unconsciousness or sleep, (c) conduct during hypnosis or resulting from hypnotic suggestions, (d) a bodily movement that otherwise is not the product of the effort or determination of the act, either conscious or habitual

Question 5

Omission or Failure to Act

Answer 5

Liability for the commission of an offense may not be based on an omission unaccompanied by action unless: (a) the omission is expressly made sufficient by the law defining the offense; or (b) a duty to perform the omitted act is otherwise imposed by law.

Question 6

Possession as Act

Answer 6

Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession

Question 7

Kinds of Culpability

Answer 7

Purposely, knowingly, recklessly, negligently

Question 8

Mens Rea

Answer 8

A person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

Question 9

Mistake as a Defense

Answer 9

(1) Ignorance or mistake as to a matter of fact or law is a defense if:
(a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
(b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

Question 10

Mistake and Degree

Answer 10

(2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of that he may be convicted to those of the offense of that he would be guilty had the situation been as he supposed.

Question 11

Mistakes of Law Applied

Answer 11

3) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:
(a) the statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; OR
(b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgment; (iii) an administrative order or grant of permission; or (iv) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense.

Question 12

Ignorance

Answer 12

Neither knowledge nor recklessness or negligence as to whether conduct constitutes and offense or as to the existence, meaning or application of the law determine the elements of an offense is an element of such offense UNLESS the definitions of the offense or the Code so proves

Question 13

Criminal Liability

Answer 13

A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for that he is legally accountable, or both.

Question 14

Accomplice Liability

Answer 14

A person is legally accountable for the conduct of another person when:
(a) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or
(b) he is made accountable for the conduct of such other person by the Code or by the law defining the offense; or
(c) he is an accomplice of such other person in the commission of the offense.

Question 15

Accomplice

Answer 15

A person is an accomplice of another person in the commission of an offense if:
(a) with the purpose of promoting or facilitating the commission of the offense, he (i) solicits such other person to commit it; or (ii) aids or agrees or attempts to aid such other person in planning or committing it; or (iii) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or
(b) his conduct is expressly declared by law to establish his complicity.

Question 16

Immunity from Conviction

Answer 16

A person is not an accomplice in an offense committed by another person if: (a) he is a victim of that offense

Question 17

Conduct Necessarily Part of the Crime

Answer 17

A person is not an accomplice in an offense committed by another person if: (b) the offense is so defined that his conduct is inevitably incident to its commission

Question 18

Withdrawal of Aid

Answer 18

A person is not an accomplice in an offense committed by another person if: (c) he terminates his complicity prior to the commission of the offense and (i) wholly deprives it of effectiveness in the commission of the offense; or
(ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

Question 19

Legal Incapacity

Answer 19

A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for that he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

Question 20

Larceny

Answer 20

The (1) trespassory (2) taking and (3) carrying away of the (4) personal property (5) of another (6) with intent to steal it.

Question 21

Embezzlement

Answer 21

The (1) fraudulent (2) conversion of (3) the property (4) of another (5) by one who is already in lawful possession of it.

Question 22

False Pretenses

Answer 22

A (1) false representation of a material present or past fact (2) which causes the victim (3) to pass title to (4) his property to the wrongdoer (5) who (a) knows his representation to be false and (b) intends thereby to defraud the victim.

Question 23

MPC Theft by Deception

Answer 23

The term “deceive” does not include falsity as to matter shaving no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed

Question 24

Burglary Definitions

Answer 24

(1) “occupied structure” means any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.
(2) “night” means the period between thirty minutes past sunset and thirty minutes before sunrise.

Question 25

Burglary

Answer 25

A person is guilty of burglary if he (1) enters (2) a building or occupied structure, or separately secured or occupied portion thereof, (3) with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

Question 26

Burglary Grading

Answer 26

(1) Burglary is a felony of the second degree if it is perpetrated in the dwelling of another at night, or if, in the course of committing the offense, the actor:
(a) purposely, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone; or
(b) is armed with explosives or a deadly weapon.
(2) Otherwise, burglary is a felony of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit the offense or in flight after the attempt or commission.
(3) Multiple Convictions. A person may not be convicted both for burglary and for the offense that it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.

Question 27

Robbery

Answer 27

(1) A person is guilty of robbery if, in the course of committing a theft, he:
(a) inflicts serious bodily injury upon another; or
(b) threatens another with or purposely puts him in fear of immediate serious bodily injury; or
(c) commits or threatens immediately to commit any felony of the first or second degree
An act shall be deemed “in the course of committing a theft” if it occurs in an attempt to commit theft or in flight after the attempt or commission.

Question 28

Robbery Grading

Answer 28

(2) Robbery is a felony of the second degree, except that it is a felony of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury