Barbri Flashcards
larceny elements
- taking (exercise of control)
- asportation (some movement)
- corporal personal property of another
- from possession of another
- wrongfully, either without permission or with permission obtained by deception AND
- with intent to permanently deprive
taking and asporation of the property of another
- asportation: only some movement of the property
- taking: some control adverse to owner
intent to permanently deprive… at the time of taking the ∆ must have intended to either…
- permanently keep the property himself OR
- do something with the property that would create at least a high risk that the owner would never get the property back
embezzlement
1) possession of property under trust arrangement
2) conversion of that property (use of it contrary to the terms of the trust agreement) AND
3) with intent to defraud
false pretenses
1) obtaining title to property from another
2) by means of misrepresentation of present or past fact AND
3) with intent to defraud
- misrepresentations of future fact or unkept promise does not qualify
receiving stolen property
1) receiving (taking possession)
2) of property acquired by larceny (or some other property crime)
3) knowing that the property is stolen AND
4) with intent to permanently deprive
robbery
larceny in which property is taken either by:
- force (violence) OR
- threat of force (intimidation)
robbery by force
force must be used to obtain property or prevent victim from immediately regaining it
robbery by threats
- threats must be of imminent physical harm
- victim must be put in fear of harm AND
- threat must be such as would cause apprehension of immediate harm in a reasonable person
burglary
1) entry (by any part of body or instrument)
2) by breaking (requires only some force to create an opening)
3) of the dwelling of someone else
4) during the nighttime AND
5) with the intent to commit a felony inside the structure
arson
1) malicious (can be by awareness of high risk)
2) burning (requires some physical damage by fire AND to a part of the structure itself)
3) of another’s dwelling
murder
1) intent to kill OR
2) intent to cause serious bodily injury OR
3) awareness of extremely high risk that death will result OR
4) intent to commit a felony
voluntary manslaughter
1) objectively reasonable provocation
2) this actually caused the ∆ to kill the victim AND
3) ∆ acted on that before an objectively sufficient cooling period elapsed
involuntary manslaughter
1) killed in the course of committing a misdemeanor OR
2) with criminal negligence
liability for omissions only if
1) defendant has a legal duty to act arising from criminal, tort or K law
2) ∆ was aware of the facts giving rise to the duty to act AND
3) performing the duty was possible
constructive possession requires
1) ability to exercise actual physical control
2) with awareness of that ability
3) for a period sufficient to enable the person to terminate the possession
a participant in an offense is not guilty of the offense if either…
1) the participant is a member of the persons protected by the crime OR
2) the crime inherently involves several types of participants and only some are made liable
to commit a criminal attempt a person must…
1) go far enough to do something constituting a substantial step toward commission of the crime
2) with intent to commit the crime
2 part intent for attempt crimes
1) intent to complete the conduct constituting the attempted crime AND
2) any intent necessary for the attempted crime
solicitation
1) asking someone to commit an offense
2) with intent that the person commit that offense
- a crime even if immediately rejected
for a withdrawal from a conspiracy to be effective it must…
1) be fully communicated to all members of the conspiracy AND
2) before the crime is committed
majority subjective rule for entrapment
1) ∆ was not predisposed to commit crimes of the sort charged
2) police created the intent to commit the offense in her mind
minority objective rule for entrapment
occurs if police would cause a reasonable and un-predisposed person to form the intent to commit the crime
necessity/choice of lesser evils defense
1) ∆ believed that committing the crime would prevent an imminently threatened harm
2) ∆ believed this threatened harm would be greater than the harm that would result from commission of the crime
3) these beliefs were objectively reasoanble
