Crimes Final Flashcards
Studying
Define Murder
Killing another human being with Malice Aforethought
Define Rape
Unlawful intercourse by a man against a woman who is not his wife by force or threat and against her will.
Define False Imprisonment
Restraint of a person without justification or consent
Define Assault
Intentionally putting another in fear of an imminent harmful or offensive contact.
Define Battery
Intentional harmful or offensive touching without consent.
Define Larceny
Taking and carrying away of the personal property of another with the intent to permanently deprive.
Define Burglary
Breaking and entering the dwelling place of another AT NIGHT with the intent to commit a felony therein.
Define Robbery
Taking the personal property of another with the intent to permanently deprive BY MEANS OF FORCE OR FEAR.
Elements of First Degree Murder
- Intentionally kill victim.
2. The killing was premeditated.
Elements of Second Degree Murder
- unlawfully killed victim.
2. acted knowingly.
Elements of Voluntary Manslaughter
- Unlawfully killed victim.
- Acted intentionally or knowingly.
- Killing resulted from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
Elements of Rape
- Unlawful sexual penetration AND
- a. force or coercion used OR
b. without consent OR
c. victim mentally defective, mentally incapacitated or physically helpless.
d. defendant accomplished sexual penetration by fraud AND - Intentionally, knowingly or recklessly
Elements of False Imprisonment
- removed or confined another unlawfully so as to interfere substantially with the other’s liberty
- Knowingly
Elements of Assault
- Recklessly caused bodily injury
- Knowingly caused another to be in reasonable fear of imminent bodily injury.
- Knowingly caused physical contact a Reasonable person would regard as extremely offensive or provocative
Elements of Theft of Property
- knowingly obtained or exercised control over property owned by another
- did not have owner’s consent
- intended to deprive the owner of the property.