Elements of Crimes Flashcards
Five basic elements of crime:
Date, Location, Identity, Act, Intent
18-204
Principals of a crime defined
All Persons concerned in the commission of a crime.
This includes those who directly participate in the acts constituting the offense.
This indudes accomplices: any person who before or during its commission intentionally aids, abets, assists, advises, facilitates, promotes, procures, encourages, counsels, solicits, invites, helps or hires another to commit a crime with the intent that it be committed.
18-205
Accessories (after the fact)
Having knowledge that a felony has been committed.
Willfully withheld or conceal it from officer.
Or harbor and protect a person who committed, was charged or was convicted of the felony.
18-304
Aiding in Misdemeanors
Any person who counsels, aids, solicits, or indices another in the commission of an act is guilty of a misdemeanor.
18-306
Attempting to commit a crime
Attempts to commit a crime but fails or is prevented or intercepted.
Requires an intent to commit the offense and a substantial step toward its commission (mere preparation is not enough).
Maximum punishment is one half that possible for the specific completed crime.
18-2001
Solicitation of a crime (offer)
Solicit, importune, commands, encourages or requests another to commit a crime.
Requires intent to promote or facilitate its commission.
Incompetence, innocence or ignorance of person solicited is not a defense.
Maximum punishment is one half that possible for the specific completed crime.
If crime is committed, then person would be a principal.
18-1701
Conspiracy of a crime (agreement)
Tow or more persons combine or conspire to commit any crime and any one of them commits an overt act toward accomplishing their goal.
The overt act is any act to effect the object of the combination or conspiracy (preparation may be enough).
The overt act of one conspirator is chargeable against the other co-conspirators.
The conspiracy (agreement) may be inferred from conduct.
Conspiracy is its own offense that does not merge into the subject crime. One can be convicted of committing a crime and convicted of conspiracy to commit that same crime.
Defenses to crimes
Alibi
No union of act and intent.
Duress
Mistake of fact.
Accident or misfortune.
Entrapment
Intoxication - voluntary intoxication is not a defense.
Insanity - Not a defense but considered when manifesting the required intent.
Self defense - Lawful resistance may be used to protect ones person, another person, or ones property.
18-1401
Burglary
Felony
Act: Entry into building, vehicle, etc
Intent: To commit a theft or felony
18-7034
Unlawful Entry
Misdemeanor
Act: Entry is non-consensual
Intent: intent general to enter with no intent of theft or felony
18-2403
Theft
Misdemeanor
Act: Take, Obtain, Withhold property of another
Intent: To deprive or appropriate
18-2407
Grand Theft
Felony
Property taken by extortion (property obtained by instilling fear of physical injury, property damage or use/abuse of public position or official duty.
Property value exceeds $1000
Public Record
Check Draft, Order, Financial transaction card or number
Property taken from the person of another (regardless of value)
Firearms
An animal with value exceeding $150
Anhydrous Ammonia
18-3106
Bad checks
Misdemeanor/Felony
Act: Make, Draw, Utter, Deliver Check, Draft, Order
Intent: To defraud AND with knowledge that check was no good.
Grading of Bad Checks:
Felony - No funds, no credit. Closed account for any amount OR Insufficient funds for check written for $250+ singly or as a plan or scheme.
Misdemeanor - < $250 and not part of a scheme
18-3123
Forgery of a Financial Transaction Card
Felony
Act: Counterfeit, make, emboss, encode, use another pin in creation of a fictitious or counterfeit sales draft OR sign another name.
Intent: To defraud
18-3124
Fraudulent use of a Financial Transaction Card
Misdemeanor/Felony
Act: To knowingly obtain or attempt to obtain credit or to purchase or attempt to purchase goods, property or services by use of any false, fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, FTC account number or issued FTC.
Intent: To defraud
Grading: Felony >$300
