Crimes against the Person

Question 1

What are the elements of CL murder?

Answer 1

1) Causing the death, 2) of another person, 3) with malice aforethought

Question 2

What are 2 special rules for CL “intent to kill” murder?

Answer 2

1) Deadly weapon rule = the intentional use of a deadly weapon creates an INFERENCE of an intent to kill

2) Transferred intent = if a ∆ intends to harm one victim, BUT accidentally harms a DIFFERENT victim instead, the ∆’s intent will TRANSFER from the intended victim to the actual victim
NOTE: Most often applies to homicide, but can also apply to other crimes, such as battery and arson
EXCEPTION: transferred intent does NOT APPLY to attempts, only to crimes w/ “completed harms” (e.g. if

Question 3

What is the required mental state for CL murder?

Answer 3

Malice aforethought, satisfied by:

1) intent to kill
2) intent to inflict serious bodily harm
3) extreme recklessness, meaning reckless indifference to human life (i.e. depraved heart murder)
4) intentional commission of an inherently dangerous felony (i.e. felony murder)

Question 4

What are the 2 versions of AND the req’d mentals state for CL criminal assault?

Answer 4

Version 1 = attempted battery (i.e. a swing/miss)

Version 2 = reasonable apprehension, which reqs… 1) The intentional creation; 2) Other than by mere words; 3) of a reasonable apprehension in the mind of the victim; 4) of imminent bodily harm(i.e. a fake punch)

Mental state = specific intent

Question 5

What are the 3 elements of ANDreq’d mental state for CL criminal battery?

Answer 5

Battery = 1) the unlawful; 2) application of force to another; 3) resulting in EITHER bodily injury OR an offensive touching

Mental state = general intent

Question 6

What are the 3 elements of AND the req’d mental state for CL criminal false imprisonment?

Answer 6

False imprisonment =

1) the unlawful;
2) confinement of a person;
3) w/out his consent

Mental state = general intent

Question 7

What is CL felony murder AND its 6limitations?

Answer 7

Felony murder = ANY killing caused during the commission of OR attempt to commit a felony

6 limitations =

1) ∆ must be GUILTY (factually, not necessarily charged) of the underlying felony. Defense to felony = defense to felony murder.
2) Felony must be inherently dangerous.
3) The merger rule: the underlying felony must be INDEPENDENT of the killing.
4) Killing must take place DURING the felonyOR during the immediate flight from the felony. Once ∆ reaches place of temporary safety, the felony ends.
5) Death must be foreseeable.
6) Victim must NOT be a co-felon.

Question 8

What are the 2 vicarious liability theories under CL felony murder? NOTE: NY Distinction

Answer 8

1) “Proximate cause” theory (majority rule) = if one of the co-felons proximately causes the victim’s death, then ALL of the other co-felons will be guilty of felony murder, EVEN IF the actual killing is committed by a 3d party (e.g. a bystander, a police officer, etc)
NY DISTINCTION: this is the approach followed in NY

2) “Agency” theory = felony murder doctrine applies ONLY IF the killing is committed by one of the co-felons

Question 9

What are the 3 elements of AND the req’d mental state for CL forcible rape?

Answer 9

Forcible rape = 1) sexual intercourse (ANY type of penetration) 2) w/o the victim’s consent; 3) accomplished by: (i) force; (ii) threat of force; OR (iii) when the victim is unconscious

Mental state = general intent

Question 10

What are 2 types of CL involuntary manslaughter?

Answer 10

1) A killing committed w/ criminal negligence (i.e. a GROSS deviation from a reasonable std of care) (note: MPC/modern trend says “recklessly”)
2) A killing committed during the commission of a crime to which the felony murder doctrine DOES NOT apply (i.e. “unlawful act” OR misdemeanor manslaughter)

Question 11

What are the 2 elements of AND req’d mental state for CL kidnapping?

Answer 11

Kidnapping =

1) false imprisonment (i.e. unlawful confinement w/o consent);
2) that involves either moving the victimORconcealing the victim in a secret place

Mental state = general intent

Question 12

What are the 2 elements of AND the req’d mental state for CL statutory rape? NOTE: NY Distinction

Answer 12

Statutory rape = 1) sexual intercourse (ANY type of penetration); 2) with someone UNDER the age of consent

Mental state = strict liability w/ no defense (majority rule)

Minority rule = a REASONABLE mistake of age is a defense

NY DISTINCTION: age of consent is 17 (i.e.∆ MUST be at least 21, and the victim 16 or younger)

Question 13

What are the 3 elements of CL voluntary manslaughter?

Answer 13

Voluntary manslaughter =

1) an intentional killing;
2) committed in the heat of passion;
3) upon adequate provocation

Question 14

In NY, what is 2d degree unlawful imprisonment (as well as 1st degree)?

Answer 14

2d degree unlawful imprisonment =

1) unlawfully;
2) restraining someone;
3) without their consent; AND
4) with knowledge that the restriction is unlawful

1st degree unlawful imprisonment =
1) 2d degree unlawful imprisonment; AND 2) a risk of serious physical injury

Question 15

In NY, when is a homicide crime elevated to “aggravated”?

Answer 15

1) when the victim of the homicide is a police officer killed in the line of duty, the offense can be
2) when the ∆, over the age of 18, causes the death of a child UNDER the age of 14 in an especially cruel and wonton manner = aggravated murder

Question 16

In NY, what are the ONLY 6 felonies that can give rise to felony murder?

Answer 16

“B-R-A-K-E-S”

1) Burglary
2) Robbery
3) Arson
4) Kidnapping
5) Escape
6) Sexual assault

Question 17

In NY, what is criminally negl. homicide?

Answer 17

The ∆ SHOULD have been aware of a substantial and unjustifiable risk of death

Mental state = criminal negl.

Question 18

In NY, what are the 4 elements for the “non-slayer” defenseto felony murder?

Answer 18

NY provides a ltd AFFIRMATIVE DEFENSE to felony murder IF the ∆ can prove…

1) the ∆ did not kill the victim;
2) the ∆ did not have a deadly weapon;
3) the ∆ had no reason to believe that his co-felons had a deadly weapon; AND
4) the ∆ had no reason to believe that his co-felons intended to do anything that was likely to result in death

Question 19

In NY, what is 2d degree kidnapping (as well as 1st degree)?

Answer 19

2d degree kidnapping =abducting someone

1st degree kidnapping=

1) 2d degree kidnapping; AND
2) one of the following: (i) ransom; (ii) restraint for more than 12 hrs w/ intent to rape/injure/rob; OR (iii) death of the victim

Question 20

In NY, what is 1st degree manslaughter (compared to 2d degree manslaughter)?

Answer 20

1st degree manslaughter =

1) Extreme Emotional Disturbance (EED) manslaughter
2) An intent to cause serious physical injury

COMPARE TO: 2d degree manslaughter = ∆ is AWARE of and CONSIOUSLY disregards a substantial and unjustifiable risk of death Mental state = recklessness

Question 21

In NY, what are the various types of homicides?

Answer 21

1) Murder 1
2) Murder 2
3) Manslaughter 1
4) Manslaughter 2
5) Vehicular Manslaughter
6) Criminally Negligent Homicide

Question 22

In NY, what is 1st degree murder ( compare to 2d degree murder)?

Answer 22

1st degree murder = a ≥ 18 yr old ∆ who… 1) intentionally kills w/ aggravating factor: (i) victim is an on-duty cop; (ii) ∆ is murdering for hire; (iii) felony murder where the victim was intentionally killed; (iv) killing for witness intimidation; (iii) ≥ 1 victim is same criminal transaction

COMPARE TO: 2d degree murder = a ∆ of ANY age who… 1) intentionally kills w/o aggrevating factor; OR 2) commits highly-reckless killing demonstrating depraved indifference to human life (generally w/ more than one victim); OR 3) commits felony murder where a non-co-felon victim is unintentionally killed

NOTE: premeditation and deliberation are IRRELEVANT in NY

Question 23

What is the Year-and-a-Day Rule? (Note: NY Distinction)

Answer 23

It’s a MINORITY rule that states that death MUST occur w/in a year + a day of the homicidal act

NY DISTINCTION: NY does NOT follow the Yr + a day rule; death may occur at ANY time

Question 24

What are the elements for assault in NY?

Answer 24

1) Intentionally, 2) Causing physical injury, 3) To another person

Note:
Battery is not a separate crime
All versions of assault require injury (no “offensive touching”)
Attempted assault requires intent to assault

Question 25

What are the degrees of assault in NY?

Answer 25

1) First Degree Assault: second degree assault, plus a weapon
2) Second Degree Assault: Intentionally causing serious physical injury
3) Third Degree Assault: Intentionally causing non-serious physical injury

Question 26

What is menacing in NY?

Answer 26

“Creating reasonable apprehension” without intent to actually injure (like second version of C L assault)

Question 27

What is the majority statutory distinction bw first degree murder and second degree murder?

Answer 27

First degree murder requires an intentional killing with premeditation (∆thought ahead of time) and deliberation (∆was cool, calm and collected).

Second degree murder is all other intentional and depraved heart murders.

Question 28

In NY, what is 2d degree murder (compare to 1st degree murder)?

Answer 28

2d degree murder = a ∆ of ANY age who… 1) intentionally kills w/o aggravating factor; OR 2) commits highly-reckless killing demonstrating depraved indifference to human life (generally w/ more than one victim); OR 3) commits felony murder where a non-co-felon victim is unintentionally killed

COMPARE TO: 1st degree murder = A ≥ 18 yr old ∆ who…1) intentionally kills w/ aggravating factor: (i) victim is an on-duty cop; (ii) ∆ is murdering for hire; (iii) felony murder where the victim was intentionally killed; (iv) killing for witness intimidation; (iii) ≥ 1 victim is same criminal transaction

NOTE: premeditation and deliberation are IRRELEVANT in NY

Question 29

What are the four core requirements for CL voluntary manslaughter?

Answer 29

1) Provocation needs to be OBJECTIVELY adequate (e.g. serious assault or battery; presently witnessed adultery; normally NOT words)
2) ∆ was actually provoked (a subjective consideration)
3) ∆ did not have time to “cool off”
4) ∆ did not ACTUALLY cool off b/t the provocation and the killing

Question 30

What is the NY approach to voluntary manslaughter?

Answer 30

Extreme Emotional Disturbance Manslaughter: an intentional killing committed under the influence of reasonable and extreme emotional disturbance

Note: affirmative defense to second degree murder, ∆ must prove EED by preponderance of evidence

Question 31

In NY what is 1st degree and 2d degree vehicular manslaughter?

Answer 31

2d degree vehicular manslaughter = causing the death of another person as a result of driving while intoxicated

1st degree vehicular manslaughter = second degree vehicular manslaughter plus an aggravating factor (i) blood alcohol level of .18 or higher, (ii) the death of more than one victims

Question 32

In NY what is 2d degree manslaughter (compare to 1st degree manslaughter)?

Answer 32

2d degree manslaughter =
∆ is AWARE of and CONSIOUSLY disregards a substantial and unjustifiable risk of death Mental state = recklessness

COMPARE TO: 1st degree manslaughter =

1) Extreme Emotional Disturbance (EED) manslaughter
2) An intent to cause serious physical injury