Criminal Law 16-30 Flashcards
What are the elements of False Pretenses?
It occurs when one:
Obtains title,
To personal property of another,
Through a known false statement of material fact,
With the intent to defraud.
*Opinion or commercial puffery is NOT false pretenses.
Priority: Medium
What are the elements of Embezzlement?
The fraudulent or wrongful,
Conversion,
Of personal property of another,
By a person with lawful possession of the property.
Priority: Low
What are the elements of Receiving Stolen Goods?
When a person:
Receives possession of stolen property,
Who knows the property is stolen at the time of receiving it, AND
With the intent to permanently deprive the owner of the property.
Priority: Medium
What are the elements of Robbery?
The trespassory taking and carrying away,
Of the personal property of another person,
In their presence;
By the use of force or threat of immediate physical harm,
With the intent to permanently deprive the owner of the property.
*Armed robbery requires the elements above, PLUS the use of a dangerous weapon.
Priority: Medium
What are the elements of Burglary?
Burglary is:
The breaking and entering,
Of a dwelling,
Of another,
At night,
For the purpose of committing a felony inside.
*Most jurisdictions have extended burglary to any structure at any time.
Priority: Low
What are the elements of Extortion?
Illegally obtaining property;
Either by:
Force; OR
Threats of violence, property damage or exposing information.
Priority: Low
Under the Common Law, what are the elements of Rape?
The unlawful sexual intercourse,
Of a woman by a man (not her husband),
Without her consent.
*Under the common law, a husband could not be convicted of raping his wife. The modern definition now contains marital rape.
Priority: N/A
Rape
When is there a Lack of Effective Consent?
When:
Actual force is used;
Threats of immediate great bodily harm are used;
The victim is incapable of consenting; OR
The defendant fraudulently caused the victim to believe that the act is not intercourse.
Priority: N/A
Under the MPC, when is a man guilty of rape?
If:
He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping;
He has substantially impaired her power to consent by secretly drugging her;
The female is unconscious; OR
The female is under 10 years old.
*Deviate sexual intercourse is gender neutral and has the same elements as above.
Priority: N/A
What are the elements of Statutory Rape?
The unlawful sexual intercourse,
With a person,
Under the age of consent, regardless of whether it’s against the person’s will.
*This is a Strict Liability crime.
Priority: N/A
Battery vs. Assault
Battery: Unlawful application of force, directly or indirectly upon another person (or their clothes/belongings) that results in an injury or offensive contact. (General Intent Crime).
Assault is either:
An attempted battery; OR
The intentional creation of a reasonable apprehension of imminent bodily harm to a person.
Priority: Low
What are the elements of Kidnapping?
Kidnapping is:
Either moving, confining, or restraining;
Of another person;
Against that person’s will.
*Using fear or threats of force is sufficient.
Priority: Medium
What are the elements of False Imprisonment?
The:
Unlawful,
Confinement of a person,
Against their will,
With knowledge that the restriction is unlawful.
MPC: Knowingly restraining another person unlawfully so as to substantially interfere with the person’s liberty.
Priority: N/A
What are the elements of Arson?
The:
Malicious,
Burning,
Of a dwelling,
Of another.
*Under the Common Law, a person could not be convicted of arson if it was their own home.
Priority: N/A
What are the elements of Criminal Possession?
It involves the unlawful possession of an item according to a jurisdiction’s statute.
To be found guilty, a person must have both:
Knowledge of the possession; AND
Knowledge of what the item is.
Priority: N/A
