Crimes Flashcards
Sec. 53a-48. Conspiracy. Renunciation.
MR: Intentionally
AR: Agrees
Level: Matches crime committed
Liability/Intent: Specific (that criminal conduct be performed)
Material Elements:
(a) With specific intent that criminal conduct be performed
(1) Agrees with one or more to engage in or cause performance
(2) any member commits an overt act in pursuance
(b) DEFENSE: Actor thwarted the success of the conspiracy; under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
Sec. 53a-49. Criminal attempt: Sufficiency of conduct; renunciation as defense.
MR: Matches attempted offense.
AR: Engages in conduct which would constitute the crime; or intentional substantial step.
Level: Matches attempted offense.
Material Elements:
(1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or
(2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
Conduct is not a substantial step UNLESS:
(1) It is strongly corroborative of the actor’s criminal purpose
The following is strongly corroborative as a matter of law:
(1) Lying in wait, searching for or following the contemplated victim of the crime;
(3) Reconnoitering the place contemplated for the commission of the crime;
(4) Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
(5) Possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;
(7) Soliciting an innocent agent to engage in conduct constituting an element of the crime.
Abandonment: Abandoned effort to commit or otherwise prevented it’s commission; complete and voluntary renunciation.
subject to the limitations of 53a-10(b).
Sec. 53a-54a. Murder.
MR: Intent
AR: Kills
Level: Felony
Liability/Intent: Specific (Kills)
Material Elements:
Killing with the specific intent to kill, unless EED.
AFFIRMATIVE DEFENSE: DEF was under the influence of EED for which there was a (1) reasonable explanation or excuse, the reasonableness of which is to be determined from the
(2) viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be,
(b) Mental Illness is admissible on the question of specific intent to kill.
Sec. 53a-54c. Felony murder.
MR: Strict Liability
AR: Causes death
Level: Felony
Liability/Intent: Strict
Material Elements:
commits or attempts to commit
robbery,
burglary,
kidnapping,
or escape in the first degree,
and, in the course of and in furtherance of such crime or of flight therefrom, such person, or another participant, if any, causes the death of a person other than one of the participants,
Except when the defendant was not the only participant in the underlying crime, AFFIRMATIVE DEFENSE:
(1) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and
(2) was not armed with a deadly weapon, or any dangerous instrument; and
(3) had no reasonable ground to believe that any other participant was armed with such a weapon or instrument; and
(4) had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
Sec. 53a-55. Manslaughter in the first degree.
MR: Intentionally, knowingly
AR: Causes death
Level: Felony
Liability/Intent: General
Material Elements:
(1) Intending GBH, he kills; or
(2) Intending to kill, he kills, but it’s not murder because EED; or
(3) depraved heart; recklessly creates a grave risk of death and causes death.
Sec. 53a-56. Manslaughter in the second degree.
(a) A person is guilty of manslaughter in the second degree when: (1) He recklessly causes the death of another person.
Sec. 53a-59. Assault in the first degree (1,2) (3)
MR: (1,2) Intentionally (3) Recklessly
AR: (1,2) Causes GBH/Disfigurement (3) Causes GBH with risk of death with extreme indifference
Level: Felony
Liability/Intent: (1,2) Specific (cause GBH/disfigurement), (3) General
Material Elements:
(1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or
(2) with intent to disfigure, causes such injury; or
(3) under circumstances evincing an extreme indifference to human life he recklessly engages in conduct which creates a risk of death to another person, and causes serious physical injury to another person.
Sec. 53a-92. Kidnapping in the first degree
MR: Intentionally
AR: Abducts
Level: Felony
Liability/Intent: Specific (to compel payment or particular conduct)
Material Elements:
(a) A person is guilty of kidnapping in the first degree, a felony, when he abducts another person and:
(1) His intent is to compel a third person
(A) to pay or deliver money or property as ransom or
(B) to engage in other particular conduct or to refrain from engaging in particular conduct.
Sec. 53a-100. Definitions. (ONLY APPLIES TO BURGLARY)
(a) The following definitions are applicable to this part:
(1) “Building” in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, or other structure or vehicle or any building with a valid certificate of occupancy; (2) “dwelling” means a building which is usually occupied by a person lodging therein at night, whether or not a person is actually present; and
(3) “night” means the period between thirty minutes after sunset and thirty minutes before sunrise.
(b) The following definition is applicable to sections 53a-101 to 53a-106, inclusive: A person “enters or remains unlawfully” in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the actor is not otherwise licensed or privileged to do so.
Sec. 53a-101. Burglary in the first degree.
MR: Intentionally (to commit a crime)
AR: Enters or Remains (with intent to commit a crime therein)
Level: Felony
Liability/Intent: General
Material Elements:
(1) And is armed with explosives/deadly weapon/dangerous instrument; or
(2) I/K/R inflicts or attempts to inflict bodily injury; or
(3) At night (in a dwelling)
Sec. 53a-111. Arson in the first degree.
MR: Intent
AR: starts/causes fire/explosion
Level: Felony
Liability/Intent: Specific (destroy or damage a building)
Material Elements:
(1) the building is inhabited or occupied or the person has reason to believe the building may be inhabited or occupied;
or (2) any other person is injured, either directly or indirectly.
Sec. 53a-114. Reckless burning.
MR: Intentionally, thereby recklessly
AR: Starts fire/explosion, thereby recklessly places building in danger
Level: Felony
Liability/Intent: General
Material Elements:
(a) intentionally starts a fire or causes an explosion, whether on his own property or another’s, and thereby recklessly places a building, as defined in section 53a-100, of another in danger of destruction or damage.
Sec. 53a-115. Criminal mischief in the first degree.
MR: Intent (without reasonable grounds)
AR: Damages property (private/public), or tampers and causes interruption or impairment of public services (public)
Level: Felony
Liability/Intent: General (Specific: cause damage, public/private, but not the outcome)
Material Elements:
Private Property:
(1) such person damages tangible property of another in an amount exceeding one thousand five hundred dollars, or
Public Property:
(2) damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public.
Sec. 53a-119. Larceny defined.
MR: Intentionally
AR: Wrongfully takes, obtains, or withholds.
Level: Felony
Liability/Intent: Specific Intent (deprive or appropriate)
Material Elements:
wrongfully takes, obtains or withholds such property from an owner.
includes, but is not limited to:
(4) Acquiring property lost, mislaid or delivered by mistake. If, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to it.
(9) Shoplifting. Takes possession of any goods, wares or merchandise offered or exposed for sale with the intention of converting the same to his own use.
Intentionally concealing unpurchased goods or merchandise of any store or other mercantile establishment shall be presumed to be such concealment.
Sec. 53a-134. Robbery
MR: SL (In the course of committing larceny)
AR: (a) Threatens, and (1) Causes GBH, or (2) is armed, or (3) displays
Level:
Affirmative Defense to (3): The firearm was not a weapon from which a shot could be fired.
Material Elements:
(a) threatens immediate physical force upon another person
(b) GBH to any person who is not a participant
(c) displays or threatens use of what he represents to be a firearm
