Criminal Law 2

Question 1

What are the elements for rape?

Answer 1

1) Sex
2) By force or threat
3) With no consent

Question 2

Definition / elements for solicitation?

Answer 2

Solicitation involves
1) asking, urging, or enticing
2) another to commit a crime with
3) the intent that they commit it.

Question 3

Definition / elements for extortion?

Answer 3

1) The theft of property (aka committing larceny)
2) by future threat.

Question 4

Definition / elements for conspiracy?

Answer 4

Conspiracy is
1) an agreement
2) between two or more persons
3) to commit a crime, and,
4) in most jurisdictions, there must be at least one overt act in furtherance thereof.

Question 5

Definition / elements for larceny?

Answer 5

1) a trespassory
2) taking and
3) carrying away (asportation) of the
4) personal property
5) of another
6) with intent to steal or permanently deprive the owner of it.

Question 6

Definition / elements for kidnapping?

Answer 6

1) A (substantial) confinement and/or movement
2) by unlawful means – Generally involves force, threat, or deception
3) for unlawful purposes. MPC states specific reasons:
1. ransom/reward
2. Shield/hostage
3. facilitate felony or flight (controversial)
4. Inflict injury or terror
5. Interfere with government/politics
The crime is complete upon the confinement or movement.

Question 7

Definition / elements for robbery?

Answer 7

1) Taking from a victim’s person/presence, physically
2) through force or fear (threat of force).

Robbery is essentially a larceny where property is taken from the person or the presence of the victim by force or fear.

Question 8

Definition / elements for common law burglary?

Answer 8

1) Breaking and – actus reas
2) entering,
3) of a dwelling,
4) of another,
5) at night,
6) with the intent to commit a felony within. – mens rea (specific intent)

Question 9

Definition / elements for arson?

Answer 9

1) The malicious – mens rea – malice includes both intent and recklessness
2) burning (or exploding - Modern) - actus reas
3) of a dwelling of another (or any building - modern)

Question 10

Defense to criminal acts:

Answer 10

1) Mistake – of fact or legal
2) necessity
3) Insanity
4) Duress
5) Intoxication – voluntary intox - allowed for specific intent, but not general intent crimes

Question 11

Definition /elements of modern burglary?

Answer 11

1) Unlawful or Unprivileged
2) entering OR remaining
3) in a building OR other structure – sometimes also a vehicle
4) with the intent to commit some (any) crime
Common aggravators – nighttime, intent to commit a felony, actual crime committed, possession of a weapon, etc.