Essential Elements of a Crime

Question 1

Jurisdiction

Answer 1

Two states can both have jurisdiction over the same crime if:
-Any act constituting an element of the offense was committed in the state
-An act outside the state caused a result in the state
-Crime involved the neglect of a duty imposed by state law
-Attempt or conspiracy outside the state plus an overt act inside the state
-Attempt or conspiracy inside the state plus an overt act outside the state

Question 2

Merger

Answer 2

MPC: no merger except for solicitation/attempt + a completed crime
-Conspiracy does NOT merge
-D cannot be convicted of more than one inchoate crime (solicitation, attempt, or conspiracy)

Question 3

Classification

Answer 3

Felony = punishable by death or imprisonment for more than 1 year

Misdemeanor = any other crime

Question 4

Three elements of a crime

Answer 4

Actus reus (voluntary physical act or failure to act under a legal duty)

Mens rea (general/specific intent, strict liability, MPC fault standards)

Concurrence of the act and mental state

*Some crimes also require proof of a result and causation (i.e., murder)

Question 5

Legal duty to act

Answer 5

A legal duty to act can arise from the following:
1. By statute (i.e., requirement to file tax return)
2. By contract (i.e., lifeguard or nurse)
3. The relationship between the parties (i.e., parent-child)
4. The voluntary assumption of care by D for the victim
5. D created the peril for the victim

Question 6

Common law mental states

Answer 6

1. Specific intent
2. Malice
3. General intent

Question 7

Specific intent

Answer 7

Intent to engage in proscribed conduct
-Subjective test
-Specific intent crimes qualify for two additional defenses not available for other types of crime (very important)
-Voluntary intoxication and unreasonable mistake of fact

Specific intent crimes:
-Solicitation: intent to have the person solicited commit the crime
-Conspiracy: intent to have the crime completed
-Attempt: intent to complete the crime
-First degree premeditated murder: premeditated intent to kill
-Assault: intent to commit a battery
-Larceny: intent to permanently deprive the other of their interest in the property taken
-Embezzlement: intent to defraud
-False pretenses: intent to defraud
-Robbery: intent to permanently deprive the other of their interest in the property taken
-Burglary: intent to commit a felony in the dwelling
-Forgery: intent to defraud

Question 8

Malice (common law (second degree) murder and arson)

Answer 8

A reckless disregard of an obvious or high risk that the particular harmful result will occur
-Subjective test
-Common law murder and arson
-Voluntary intoxication and unreasonable mistake of fact are not defenses to these crimes

Question 9

General Intent

Answer 9

Awareness of acting in proscribed manner
-Subjective test
-Catch-all category: all other crimes that are not specific intent or malice
-Voluntary intoxication and unreasonable mistake of fact are not defenses to these crimes

Question 10

Strict liability offense

Answer 10

D can be found guilty from the mere fact that they committed the act
-No mens rea requirement
-Tested by statute on exam

*Look for the following strict liability statute on exam:
1. Administrative, regulatory, or morality crime; and
2. No adverb such as knowingly, willfully, or intentionally
-Incorrect answer choices will include consent of the victim, mistake of fact, and/or intent to negate (defenses that negate state of mind are irrelevant)
-Common strict liability offenses are selling liquor to minors and statutory rape

Question 11

MPC fault standards

Answer 11

The MPC replaces the common law distinction between general and specific intent with the following categories of intent:
-Purposely
-Knowingly
-Recklessly
-Negligently

*Will be tested by asking to interpret a statute that includes MPC fault language and the question will turn on D’s mental state

Question 12

Purposely

Answer 12

Conscious object to engage in proscribed conduct
-Subjective

Question 13

Knowingly

Answer 13

Awareness that conduct is of a particular nature or will cause a particular result
-Subjective

Question 14

Recklessly

Answer 14

Consciously disregarding a substantial and unjustifiable risk
-Objectively unjustifiable risk: gross deviation from the standard of care that a reasonable person would exercise
-Subjective to awareness

Question 15

Negligence

Answer 15

Failure to be aware of substantial and unjustifiable risk
-Objective

Question 16

Transferred Intent

Answer 16

D is liable when he intended the harm that is actually caused, but to a different victim or object
-Defenses and mitigating circumstances can also be transferred
-Applies to homicide, battery, and arson (not attempt)

*Almost always tested on first degree murder
-Always two victims and two crimes (attempt & first degree murder, but transferred intent only applies to the latter)