Criminal Law: Elements

Question 1

receiving stolen property (3)

Answer 1

(1) D takes possession of stolen property
(2) knowing the property was stolen
(3) specifically intending to permanently deprive the owner of the property

Question 2

kidnapping (3)

Answer 2

(1) intentional and unlawful confinement of another
(2) against that person’s will
(3) coupled with moving or concealing the person

general intent crime
note: common law required sending to another country

Question 3

attempt (2)

Answer 3

(1) specific intent to commit the crime
(2) a substantial step toward committing it

Question 4

conspiracy (modern) (4)

Answer 4

(1) agreement
(2) to commit a crime
(3) with specific intent to accomplish the crime
(4) and an overt act in furtherance of conspiracy

Question 5

conspiracy (common law) (4)

Answer 5

(1) agreement
(2) between two or more people
(3) to commit a crime
(4) with specific intent to accomplish the crime

(no overt act)

Question 6

withdrawal from conspiracy (majority rule)

Answer 6

BEFORE overt act, give notice to other co-conspirators OR inform police

Question 7

withdrawal from conspiracy (common law)

Answer 7

cannot withdraw; the crime is complete upon agreement

Question 8

solicitation (2)

Answer 8

(1) encouraging, enticing, or commanding another person to commit a crime
(2) with specific intent that the other commits the crime

Question 9

renunciation of solicitation (common law)

Answer 9

cannot renunciate; solicitation is complete upon encouragement

Question 10

renunciation of solicitation (modern/MPC)

Answer 10

renunciate by thwarting the success of the solicited crime

Question 11

first-degree murder

Answer 11

deliberate and premeditated killing

specific intent crime

Question 12

common law murder

Answer 12

unlawful killing with malice aforethought

Question 13

types of malice

Answer 13

(1) intent to kill
(2) intent to cause serious bodily injury
(3) depraved heart
(4) felony murder

Question 14

depraved heart murder

Answer 14

unintentional killing that results from a reckless indifference to a substantial and unjustifiably high risk of harm to the human life

Question 15

felony murder

Answer 15

death during the commission of an inherently dangerous felony (BARRK); felony must be independent of the killing itself

Question 16

agency theory (majority)

Answer 16

a felon can be charged with felony murder for any death caused by a co-felon in commission of the felony

Question 17

proximate cause theory (minority)

Answer 17

a felon can be charged with felony murder for any death caused by anyone involved (e.g., bystander, cop) if the death is a natural and probable consequence of the felony

Question 18

voluntary manslaughter

Answer 18

homicide committed with malice aforethought with mitigating circumstances (adequate provocation and no time for a reasonable person to cool off)

Question 19

involuntary manslaughter

Answer 19

unintentional killing committed with criminal negligence or while engaged in an unlawful act

Question 20

criminal negligence

Answer 20

grossly negligent conduct that puts another at a significant risk of serious bodily injury or death

Question 21

larceny (4)

Answer 21

(1) taking and carrying away
(2) the property of another
(3) without consent
(4) with the intent to permanently deprive them of it

Question 22

embezzlement (3)

Answer 22

(1) fraudulent conversion
(2) of another’s property
(3) while in lawful possession of it

Question 23

false pretenses (4)

Answer 23

(1) obtaining title
(2) to another’s property
(3) through that person’s reliance of D’s false representation
(4) made with the intent to defraud

Question 24

larceny by trick (4)

Answer 24

(1) obtaining possession
(2) to another’s property
(3) through that person’s reliance of D’s false representation
(4) made with the intent to defraud

Question 25

robbery (5)

Answer 25

(1) taking and carrying away
(2) the property of another
(3) without consent
(4) by use of force or threat of force
(5) with the intent to permanently deprive them of it

Question 26

extortion (5)

Answer 26

(1) taking and carrying away
(2) the property of another
(3) without consent
(4) by use of threats of future force
(5) with the intent to permanently deprive them of it

Question 27

burglary (5)

Answer 27

(1) breaking
(2) and entering
(3) the dwelling of another
(4) at night
(5) with intent to commit a felony therein

Question 28

arson (common law) (4)

Answer 28

(1) malicious
(2) burning
(3) of a dwelling
(4) of another

Question 29

arson (modern) (3)

Answer 29

(1) malicious
(2) burning
(3) of a building