Crimes Against the Person

Question 1

First Degree Murder: Elements (3)

Answer 1

1. Killing another person
2. with specific intent to kill with malice aforethought - a conscious, specific intent to cause death;
3. causation.

Malice in Murder 1: killing by poison, lying in wait, intentional use of deadly weapon

Question 2

Second Degree Murder: Elements (2)

Answer 2

1. Killing another person
2. while engaged in commission of serious felony (common-law felony murder).

Serious felony: burglary, arson, robbery, rape, kidnapping, deviate sexual intercourse by threat of force (BARRK)

Question 3

Third Degree Murder: Elements (4)

Answer 3

1. Killing another person
2. without specific intent to kill
3. but took action in disregard of risk of actions, showing extreme indifference to value of human life (depraved heart murder);
4. causation.

Ex: distributing controlled substances in violation of drug laws

Question 4

Voluntary Manslaughter: Elements (3)

Answer 4

1. a killing of another person
2. without malice due to acting:
   
   • under intense passion (objective & subjective) OR
   • unreasonable belief of need for deadly force
3. causation

Question 5

Involuntary Manslaughter: Elements (4)

Answer 5

1. Killing of another person
2. without specific intent to kill
3. but showing reckless or grossly negligent behavior
4. Causation

Question 6

Simple Assault: Elements (2)

Answer 6

1. Intentionally, knowingly, or recklessly causes (or attempts) bodily injury to another; OR
2. menaces by physical means to put another in fear of imminent serious bodily injury

Question 7

Aggravated Assault: Elements (2)

Answer 7

1. Intentionally, knowingly, or recklessly
   
   • _​​_causes SERIOUS bodily injury to another; OR
   • causes bodily injury to officer during their job
2. under circumstances manifesting extreme indifference to human life.

Like “failed murders”.

Question 8

Reckless Endangerment of Another Person: Elements (3)

Answer 8

1. Recklessly engaging in conduct that
2. places or may place another person in danger of death or bodily injury
3. that actually causes danger (not just perception of danger)

Question 9

Terroristic Threats: Elements (2)

Answer 9

1. Communicating a threat to commit a crime:
   
   • violence
   • cause building evacuation
   • cause serious public inconvenience
2. with intent to terrorize (need not intend to carry out)

Question 10

False Imprisonment: Elements (3)

Answer 10

1. Knowingly and
2. unlawfully (by force or by threat)
3. restraining another in a way that interferes with person’s liberty

Question 11

Kidnapping: Elements (3)

Answer 11

1. Unlawfully (ie by force or threat, or under 14 w/o parental consent);
2. Removing another person a “substantial distance” OR confining another for a “substantial period” in a place of isolation with
3. Intent to:
   
   • ransom
   • use as shield
   • facilitate a felony
   • inflict injury to victim
   • interfere with government function

Question 12

Rape: Elements (3)

Answer 12

1. Engages in sexual intercourse
2. with a complainant
3. By means of:
   
   • forcible compulsion
   • threat
   • while V is unconscious
   • while V is substantially impaired by intoxicants, mental disability, under age 13

Question 13

Aggravated Indecent Assault: Elements (3)

Answer 13

1. Engages in sexual intercourse
2. with a complainant
3. without their consent (a separate element).

Requires no proof of forcible compulsion (as in rape), but lack of consent MUST be proven beyond reasonable doubt.

Question 14

Statutory Sexual Assault: Elements (4)

Answer 14

1. Engages in sexual intercourse
2. with victim 14-16;
3. while more than 4 years older than victim
4. while not married to victim.

Can be negated by D’s reasonable belief that victim was over 16.

Question 15

Perjury: Elements (3)

Answer 15

1. Makes a false statement under oath
2. to a material matter
3. while not believing statement to be true