Elements of a Crime

Question 1

What are the 4 elements of a crime?

Answer 1

1. “Actus Rea”/ Physical Act or Omission
2. “Mens Rea”/ Mental State
3. Attendant Circumstances: Elements of a crime in the statute that must be proven/
4. Causation (Sometimes Present) : The act caused someone something)

Question 2

1. “Actus Rea”/ Physical Act or Omission

Answer 2

A. The physical component of a crime that society does not want to occur.
C. What are the 2 elements of “Actus Rea”
1. Voluntary act (Bodily movement over which the actor has control) or Omission (A failure to act and D can be held if there was a legal duty to act.
2. Social Harm.

Question 3

2. “Mens Rea”/ Mental State

Answer 3

1. Specific Intent
2. General Intent
3. Model Penal Code
4. Transfered Intent

Question 4

Specific Intent

Answer 4

A. Requires D to have intended to perform the prohibited act, combined with an intent to bring about a specific result.

What are the crimes that require specific intent?
1. Attempt
2. Burglary
3. Conspiracy
4. Embezzlement
5. False Pretenses
6. 1st Degree Murder
7. Robbery

Question 5

General Intent:

Answer 5

A. D had an intent to perform the prohibited act bud did not have an intent to cause any specific result.

Question 6

Model Penal Code

Answer 6

4 types of Mens Rea for MPC
1. Purposely
A. D acts purposely if it is in his objective to behave in that way or cause that specific result

2. Knowingly
   A. D acts knowingly if he is aware that his conduct is of that nature meaning that his conduct will very likely cause the result
3. Recklessly
   A. If D consciously disregards a substantial risk that an element of the crime will result from her conduct.
   B. If a statute does not specify the required mental state for the crime, then D must act at least recklessly.
4. Negligently
   A. D acts negligently if he should be aware of a substantial risk that an element of a crime will result from his conduct.
   B. D’s failure to perceive the risk must be greater from the standard of care that a reasonably prudent person would observe in the situation.

Question 7

Transferred Intent

Answer 7

A. This applies when D intends to harm 1 person but instead harms an unintended victim the same way as intended.
B. You do not choose your victim.