Criminal Law: Elements Flashcards
receiving stolen property (3)
(1) D takes possession of stolen property
(2) knowing the property was stolen
(3) specifically intending to permanently deprive the owner of the property
kidnapping (3)
(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
attempt (2)
(1) specific intent to commit the crime
(2) a substantial step toward committing it
conspiracy (modern) (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
conspiracy (common law) (4)
(1) agreement
(2) between two or more people
(3) to commit a crime
(4) with specific intent to accomplish the crime
(no overt act)
withdrawal from conspiracy (majority rule)
BEFORE overt act, give notice to other co-conspirators OR inform police
withdrawal from conspiracy (common law)
cannot withdraw; the crime is complete upon agreement
solicitation (2)
(1) encouraging, enticing, or commanding another person to commit a crime
(2) with specific intent that the other commits the crime
renunciation of solicitation (common law)
cannot renunciate; solicitation is complete upon encouragement
renunciation of solicitation (modern/MPC)
renunciate by thwarting the success of the solicited crime
first-degree murder
deliberate and premeditated killing
specific intent crime
common law murder
unlawful killing with malice aforethought
types of malice
(1) intent to kill
(2) intent to cause serious bodily injury
(3) depraved heart
(4) felony murder
depraved heart murder
unintentional killing that results from a reckless indifference to a substantial and unjustifiably high risk of harm to the human life
felony murder
death during the commission of an inherently dangerous felony (BARRK); felony must be independent of the killing itself
agency theory (majority)
a felon can be charged with felony murder for any death caused by a co-felon in commission of the felony
proximate cause theory (minority)
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
voluntary manslaughter
homicide committed with malice aforethought with mitigating circumstances (adequate provocation and no time for a reasonable person to cool off)
involuntary manslaughter
unintentional killing committed with criminal negligence or while engaged in an unlawful act
criminal negligence
grossly negligent conduct that puts another at a significant risk of serious bodily injury or death
larceny (4)
(1) taking and carrying away
(2) the property of another
(3) without consent
(4) with the intent to permanently deprive them of it
embezzlement (3)
(1) fraudulent conversion
(2) of another’s property
(3) while in lawful possession of it
false pretenses (4)
(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
larceny by trick (4)
(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
robbery (5)
(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
extortion (5)
(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
burglary (5)
(1) breaking
(2) and entering
(3) the dwelling of another
(4) at night
(5) with intent to commit a felony therein
arson (common law) (4)
(1) malicious
(2) burning
(3) of a dwelling
(4) of another
arson (modern) (3)
(1) malicious
(2) burning
(3) of a building
