Crim Law + Pro – Main Crimes/Elements Flashcards
Larceny
SI
- trespassory (w/o consent)
- taking
- moving
- of another’s personal property
- w/ SI to dispossess permanently
Once property taken & moved (even slightly), change of heart is not a defense
Larceny by Trick
SI
- Larceny
- obtaining possession
- of another’s property
- using false statements
- of past or existing fact
Knowingly
Misrepresenting
Material fact
To obtain
Possession
Of another’s property
Forgery
SI
- making
- false writing
- of apparent legal significance
- SI to defraud
Embezzlement
SI
- fraudulent
- conversion
- of another’s property
- by one in lawful possession
False Pretenses
SI
- obtaining title
- by false pretenses
- of past or existing fact
- SI to defraud
Reciept of Stolen Property
SI
- Receipt of possession and
- control of stolen personal property
- known to have been illegally obtained
- w/ SI to permanently dispossess
Robbery
SI
- Wrongful taking
- of another’s personal property
- from his person or presence
- by force or intimidation
Extortion
SI
- obtaining property
- through threats
- of future harm
- or exposing information
Property need not be on his body or presence
Burglary
SI
CL Definition:
1. breaking
2. entering
3. of dwelling
4. of another
5. at night
6. w/ SI to commit felony once inside
Arson
Malice crime
- malicious
- burning
- of a dwelling*
- 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
Battery
GI
- unlawful
- application of force
- to another person
- that causes bodily harm or is offensive touching
Assault
Two types:
- Assault as a threat – GI
- Attempted Battery –SI
Assault as a Threat
GI
- intentionally
- placing another
- in apprehension
- of imminent bodily harm
Mayhem
- CL felony battery
- causes dismemberment
- or permanent disfiguration
Kidnapping
GI
- unlawful
- confinement of a person
- against their will
- coupled w/ either: movement or hiding of that person
False Imprisonment
- unlawful
- confinement of a person
- w/o consent
FI can become kidnapping if V is moved/concealed
Solicitation
SI
- enticing/encouraging/ requesting/ commaning
- another person
- to commit a crime
- w/ intent they commit the crime
Conspiracy
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
Attempt
SI
- substantial step
- towards commission of crime (beyond mere prep)
- SI to commit crime
Factual impossibility – NOT A defense
Abandonment – NOT a defense if AR done
**Attempt merges w/ TO once complete
Voluntary Manslaughter
Mitigated murder offense
- intentional killing
- mitigated by
- adequate provcation
- or other factors (imperfect self defense)
Involuntary Manslaughter
- unintentional killing
- committed during an unlawful act
- or with criminal negligence (ie substantial failure to act as a reasonable person would act under similar circumstances)
Murder
- unlawful killing
- 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
Malice Aforethought
- intent to kill
- intent to cause seriously bodily injury
- depraved heart –reckless indifferent to an unjustifiably high risk to human life
- FM
Depraved Heart
reckless indifferent to an unjustifiably high risk to human life
