Criminal law: Specific Crimes Flashcards
What is common law battery?
- Unlawful
- Application of force to another
- Resulting in either
(a) bodily injury; or
(b) offensive touching
Mental state: general intent
What is common law assault?
Attempted battery OR
- Intentional creation
- Other than by mere words
- Of reasonable apprehension in mind of victim
- Of imminent bodily harm
Mental state: specific intent
What is aggravated assault and battery?
Assault and/or battery more serious if:
- Weapon is used; or
- Victim is child; or
- Intent is to commit robbery or rape
What is New York assault and how is it different to common law assault?
- Intentionally
- Causing physical injury
- To another person
You are causing the injury, not just creating a mere apprehension.
What are 3 factors in NY crimes?
- Weapon
- Injuries
(a) physical injury (substantial pain)
(b) serious physical injury (permanent, life-threatening) - Quantity (money, drugs, etc.)
When must death in homicide occur?
CL: death must occur within a year and one day of the homicidal act
NY/Majority: any time
What is common law murder?
- Causing death
- Of another person
- With malice aforethought
What is malice aforethought?
Means either:
- Intent to kill
- Intent to inflict great bodily harm
- Extreme recklessness
- Felony murder
What is the common law deadly weapon rule?
Intentional use of deadly weapon creates inference of intent to kill
What is common law transferred intent?
If D intends to harm one victim but accidentally harms a different victim instead, D’s intent transfers from intended to actual victim
What is common law first degree murder?
- Intentional: Any killing committed with (a) premeditation and (b) deliberation
- Felony murder: killing committed during particular enumerated felony
What is common law second degree murdeR?
All murders not first degree
What is common law voluntary manslaughter?
- Intentional killing
- Committed in the heat of passion
- After adequate provocation
(a) Provocation that would arouse sudden & intense passion in mind of ordinary person AND
(b) D did not have time to cool off
What are two examples of provocation?
Serious assault and battery
Finding spouse cheating
NOT WORDS ALONE
What is common law involuntary manslaughter?
1`. Killing committed with criminal negligence
2. Killing committed during a crime if not felony murder
What are the limitations on felony murdeR?
- D must be guilty of underlying felony
- Felony must be inherently dangerous
- Felony must be separate from killing itself
- Killing must be during or immediate flight from felony
- Killing must be in furtherance of felony
- Death must be foreseeable
- Victim must not be a co-felon
What is vicarious liability for felony murder?
If one co-felon causes death, all other co-felons guilty of felony murder
True even if killing committed by third-party if one felon is proximate cause of death
What is NY first degree murder?
Mental state: intent to kill (18 years or older)
One aggravating factor:
1. Victim is cop
2. Witness intimidation
3. Murder for hire
4. 2+ victims
5. Intentionally killed during serious felony
What is NY second degree murder? (there are 3 forms)
- Intent to kill
- Extreme recklessness
(a) Utter disregard for human life
(b) Act must put 2+ persons in danger
(c) 1-on-1 killings only if brutal torture or abandoning helpless victim - Felony murder
What are the underlying felonies for NY felony murdeR?
BRAKES
- Burglary
- Robbery
- Arson
- Kidnapping
- Escape
- Sexual assault
Need not be convicted of underlying felony
What is NY felony murder non-slayer defense?
Affirmative defense if prove all four:
- D did not do killing
- D did not have deadly weapon
- D had no reason to believe co-felons had deadly weapon
- D had no reason to believe co-felons intended to do anything likely to result in death
What are the two types of NY first degree manslaughter?
- Intent to cause serious physical injury
- Intentional killing committed under influence of reasonable extreme emotional disturbance
EED is an affirmative defense to second degree murder
What is NY second degree manslaughter?
Mental state: recklessness
D aware of and consciously disregards substantial and unjustifiable risk of death
What is NY criminally negligent homicide?
Mental state: negligence
D should have known of substantial and unjustifiable risk of death
What is NY aggravated homicide?
Victim of homicide is police officer killed in line of duty
What is vehicular homicide?
Death caused by drunk driving
DWI: BAC > 0.08%
Vehicular Man-2: Death + DWI
Vehicular Man-1: VMAN-2 + aggravating factor
(a) BAC > 0.18%; or
(b) Prior DWI conviction
What is common law false imprisonment?
- Unlawful
- Confinement of a person
- Without that person’s consent
What is common law kidnapping?
Mental state: general intent
- False imprisonment
- Involving either moving or concealing victim
What is common law aggravated kidnapping?
- Purpose to collect ransom
- Purpose to commit robbery or rape
- Victim is child
What is NY unlawful imprisonment?
2d degree:
- Unlawfully
- Restraining someone
- Without their consent
- With knowledge that restriction is unlawful
1st degree:
- 2d degree
- Risk of serious physical injury
What is NY kidnapping?
2d degree:
1. Abducting someone
1st degree:
- 2d degree
- Either
(a) ransom demand
(b) restraint of victim for >12 hours with intent to rape or injure or rob
(c) death of victim
What is common law forcible rape?
Mental state: general intent
- Sex
- Without victim’s consent
- Accomplished by
(a) force
(b) threat of force
(c) when victim unconscious
What is common law statutory rape?
- Sex
- With someone under age of consent
Mental state
Majority: strict liability
MPC: reasonable mistake of age is defense
NY: age of consent is 17
What is common law larceny?
- Trespassory (wrongful/without permission)
- Taking and carrying away (moved)
- Of personal property of another (possession)
- With intent to steal (permanent)
What is the erroneous takings rule?
Taking under a claim of right is never larceny
What is continuing trespass?
If D wrongfully takes property, but without intent to steal: no larceny
BUT, if D later forms intent to steal, initial trespassory taking “continued” and guilty of larceny
What is common law embezzlement?
- Conversion
- Of property of another
- By person already in lawful possession of that property (possession is more than custody)
- With intent to defraud
What is common law false pretenses?
- Obtaining title (not possession as in larceny)
- To personal property of another
- By intentional false statement (not future promise)
- With intent to defraud
What is common law robbery?
Mental state: specific intent to steal
- Larceny
- From another’s person or presence
- By force or threat of immediate injury
Force: sufficient to overcome resistance
What is NY larceny?
Larceny, embezzlement, false pretenses, larceny by trick at CL is larceny in NY
1st: >$1 million
2d: >$500,000
3d: >$3000
4th: >$1000
What is NY robbery?
3d:
1. Forcible stealing
2d:
- Forcible stealing
- Plus one
(a) D aided by another actually present
(b) Victim injured
(c) Car stolen
1st:
- Forcible stealing
- Plus one
(a) Victim seriously injured
(b) D uses or displays firearm
Affirmative defense: D proves gun unloaded or inoperable, crime reduced to 2d
What is common law burglary?
- Breaking
- And entering
- The dwelling
- Of another
- At night
- With intent to commit felony inside
What is NY burglary?
3d:
- Entering or remaining
- Unlawfully
- In a building
- With intent to commit crime inside
2d:
- 3d degree
- Plus
(a) building is dwelling
(b) non-participant injured
(c) D carries weapon
1st:
- D knows burglarizing dwelling
- Plus
(a) non-participant injured
(b) D carries weapon
What is common law arson?
Malicious burning (material wasting) of a building
What is NY arson?
4th: Reckless burning of a building
3d: Intentional burning of a building
2d: 3d when D knows or should have known someone was inside
1st: 2d plus explosive device
What is accomplice liability?
- Aiding or encouraging the principal
- With intent that crime be committed
NY: sufficient if accomplice specifically intends to aid principal’s conduct, not crime be committed
What is the scope of accomplice liability?
Guilty of all crimes aided or encouraged AND all other foreseeable crimes committed with aided crime
Accomplice guilty whether or not principal is prosecuted
What is common law accessory?
- Assist principal who committed felony
- With knowledge that crime committed
- With intent to help principal avoid arrest or conviction
What is solicitation?
Asking someone to commit a crime, with intent that crime be committed
Crime is in the asking (not agreeing or completion)
What is conspiracy?
Agreement between 2+ people to commit a crime, plus an overt act in furtherance of the crime
Can you have one person conspiracy?
CL: No, must be at least 2 guilty minds (not one plus cop); if all other parties acquitted, last D cannot be convicted
NY: Yes, unilateral approach allows conviction even if other parties acquitted or pretended to agree
How does vicarious liability fit into conspiracy?
CL: D liable for other crimes committed by co-conspirator as long as (a) in furtherance of conspiracy’s objective AND (b) foreseeable
NY: no vicarious liability for crimes committed by co-conspirators
What is common law attempt?
Conduct that is substantial step towards the crime and strongly corroborative of criminal purpose
Mental state: specific intent to commit the crime
Cannot attempt unintentional (reckless, negligent, felony murder) crimes
What is New York attempt?
Conduct that gets dangerously close to commission of the crime
Mental state: specific intent to commit the crime
Cannot attempt unintentional (reckless, negligent, felony murder) crimes
What about factual impossibility and attempt?
Claim that it was impossible to complete the crime because of some circumstance beyond D’s control
NOT defense to attempt
What about legal impossibility and attempt?
Claim that it was impossible to complete the crime because what D was trying to do was not illegal
YES defense to attempt
What about common law withdrawal/renunciation/abandonment?
Withdrawal not a defense
Once withdrawn, D no longer vicariously liable for crimes committed by co-conspirators afterwards
What about NY withdrawal/renunciation/abandonment?
IS a defense IF (a) D voluntarily and completely renounces the solicitation, conspiracy, or attempt AND (b) renunciation based on change of heart, not fear of failing/getting caught
