Crimes Flashcards
Larceny
The trespassery taking and carrying away of the personal property of another with the intent to deprive them of it permanently.
Burglary
The breaking and entering of the dwelling house of another at night-time with the intent to commit a felony therein.
Battery
Unlawful negligent harmful or offensive touching of another.
1st Degree - Willful, Deliberate and Premeditated Murder
Intent to kill with the opportunity to plan/calculate and planning/calculating the killing.
1st Degree - Felony Murder
Jurisdictions define what enumerated felonies are considered first degree but typically BARRK felonies ( burglary, arson, rape, robbery, kidnapping)
Murder
The unlawful killing of another with malice aforethought.
2nd Degree - Intent to Kill
The unlawful killing of another with the intent to kill.
2nd Degree - Intent to Commit Serious Bodily Harm
The unlawful killing of another with the intent to commit serious bodily harm.
2nd Degree - Depraved Heart Murder
Conscious disregard for human life with a mental state of high (gross) negligence
2nd Degree - Felony Murder
The killing of another person during a felony or attempted felony with limitations:
1. Person who kills or is killed
2. Direct cause
3. Inherently dangerous felony
4. Independent felony
Manslaughter
Unlawful killing of another person
Voluntary Manslaughter - Imperfect Defense
Defendant actually but unreasonably believes a defense is necessary.
Voluntary Manslaughter - Provocation
- Actually and reasonably provoked
- Legally adequate grounds (mere words are not enough)
- No actual and reasonable time to cool off
Involuntary Manslaughter - Misdemeanor
The killing of another person during a misdemeanor or attempted misdemeanor
Involuntary Manslaughter - Reckless-Negligent
Unlawful killing committed with the reckless/negligent mental state.
Larceny by Trick
Unlawful possession of another’s property by an intentional false statement of fact and then unlawfully converting that property.
Embezzlement
Lawful possession of the property of another, which then is (2) fraudulently converted.
False Pretenses
Obtaining title to the property of another by an intentional false statement of fact.
Robbery
Larceny by force or fear from the person or their presence.
Assault
Intentional creation of the imminent apprehension of a battery.
Solicitation
Soliciting another to commit a crime as principal
Attempt
Intent to commit a crime and an overt toward committing that crime
Conspiracy
An agreement between two or more persons to commit a crime and intent to agree and commit the crime.
Possession
Knowing exercise of dominion and control over a thing after having had the opportunity to dispossess that thing.
Burglary
The breaking and entering of the dwelling house of another at night with the intent to commit a felony therein.
