Crim Law + Pro – Main Crimes/Elements

Question 1

Larceny

Answer 1

SI

1. trespassory (w/o consent)
2. taking
3. moving
4. of another’s personal property
5. w/ SI to dispossess permanently

Once property taken & moved (even slightly), change of heart is not a defense

Question 2

Larceny by Trick

Answer 2

SI

1. Larceny
2. obtaining possession
3. of another’s property
4. using false statements
5. of past or existing fact

Knowingly
Misrepresenting
Material fact
To obtain
Possession
Of another’s property

Question 3

Forgery

Answer 3

SI

1. making
2. false writing
3. of apparent legal significance
4. SI to defraud

Question 4

Embezzlement

Answer 4

SI

1. fraudulent
2. conversion
3. of another’s property
4. by one in lawful possession

Question 5

False Pretenses

Answer 5

SI

1. obtaining title
2. by false pretenses
3. of past or existing fact
4. SI to defraud

Question 6

Reciept of Stolen Property

Answer 6

SI

1. Receipt of possession and
2. control of stolen personal property
3. known to have been illegally obtained
4. w/ SI to permanently dispossess

Question 7

Robbery

Answer 7

SI

1. Wrongful taking
2. of another’s personal property
3. from his person or presence
4. by force or intimidation

Question 8

Extortion

Answer 8

SI

1. obtaining property
2. through threats
3. of future harm
4. or exposing information

Property need not be on his body or presence

Question 9

Burglary

Answer 9

SI

CL Definition:
1. breaking
2. entering
3. of dwelling
4. of another
5. at night
6. w/ SI to commit felony once inside

Question 10

Arson

Answer 10

Malice crime

1. malicious
2. burning
3. of a dwelling*
4. of another

*CL requires it to be a house; modern laws expand it to be non-residential structure

Damages: need charring/damage; not just discoloration

Question 11

Battery

Answer 11

GI

1. unlawful
2. application of force
3. to another person
4. that causes bodily harm or is offensive touching

Question 12

Assault

Answer 12

Two types:

1. Assault as a threat – GI
2. Attempted Battery –SI

Question 13

Assault as a Threat

Answer 13

GI

1. intentionally
2. placing another
3. in apprehension
4. of imminent bodily harm

Question 14

Mayhem

Answer 14

1. CL felony battery
2. causes dismemberment
3. or permanent disfiguration

Question 15

Kidnapping

Answer 15

GI

1. unlawful
2. confinement of a person
3. against their will
4. coupled w/ either: movement or hiding of that person

Question 16

False Imprisonment

Answer 16

1. unlawful
2. confinement of a person
3. w/o consent

FI can become kidnapping if V is moved/concealed

Question 17

Solicitation

Answer 17

SI

1. enticing/encouraging/ requesting/ commaning
2. another person
3. to commit a crime
4. w/ intent they commit the crime

Question 18

Conspiracy

Answer 18

SI

CL – Bilateral
1. agreement
2. 2+ ppl
3. to commit a crime
4. or unlawful objective
5. NO overt act needed

MPC – Unilateral
1. agreement
2. < 1 person
3. overt act in furtherance needed

Termination: upon completion of TP

Question 19

Attempt

Answer 19

SI

1. substantial step
2. towards commission of crime (beyond mere prep)
3. SI to commit crime

Factual impossibility – NOT A defense

Abandonment – NOT a defense if AR done

**Attempt merges w/ TO once complete

Question 20

Voluntary Manslaughter

Answer 20

Mitigated murder offense

1. intentional killing
2. mitigated by
3. adequate provcation
4. or other factors (imperfect self defense)

Question 21

Involuntary Manslaughter

Answer 21

1. unintentional killing
2. committed during an unlawful act
3. or with criminal negligence (ie substantial failure to act as a reasonable person would act under similar circumstances)

Question 22

Murder

Answer 22

1. unlawful killing
2. committed with malice aforethought

malice aforethought:
1. intent to kill
2. intent to cause seriously bodily injury
3. depraved heart –reckless indifferent to an unjustifiably high risk to human life
4. FM

Question 23

Malice Aforethought

Answer 23

1. intent to kill
2. intent to cause seriously bodily injury
3. depraved heart –reckless indifferent to an unjustifiably high risk to human life
4. FM

Question 24

Depraved Heart

Answer 24

reckless indifferent to an unjustifiably high risk to human life