Essential Elements of a Crime

Question 1

Elements of a Crime

Answer 1

A crime almost always requires proof of:
* A physical act (actus reus)
* A mental state (mens rea), and
* A concurrence of the act and mental state

A crime may also require proof of a result and causation (meaning the act caused the harmful result).

Question 2

What is a “Physical Act” (Actus Reus)?

Answer 2

A defendant must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act.

An act is a bodily movement.

Question 3

What are NOT examples of a “Physical Acts” (Actus Reus)?

Answer 3

• Conduct that is not the product of the person’s own volition
• A reflexive or convulsive act
• An act performed while unconscious or asleep

Question 4

When can an omission be an “act”?

Answer 4

1. There is a legal duty to act
2. The defendant has knowledge of the facts giving rise to the duty to act, and
3. It is reasonably possible to perform the duty

Question 5

Possession as an “act”

Answer 5

Generally, statutes require only that the defendant have control of the item (actual or constructive) for a long enough period to have an opportunity to terminate the possession.

If the statute has NO state of mind requirement: Defendant must be aware of their possession of the contraband (but they need not be aware of its illegality.)

If the statute has a state of mind element (for example, “knowingly”), the defendant ordinarily must know the identity or nature of the item possessed.

Question 6

When is there a legal duty to act?

Answer 6

By statute (for example, the requirement to file a tax return)

By contract (for example, a lifeguard or nurse has a legal duty to act)

The relationship between the parties (for example, a parent/ spouse has a duty to protect a child/spouse from harm)

The voluntary assumption of care by the defendant for the victim (FREQUENTLY TESTED)

Defendant created the peril for the victim (FREQUENTLY TESTED)

Question 7

Types of Mental State (Mens Reus)

Answer 7

Specific intent
a. Requires doing an act with a specific intent or objective
b. CANNOT infer specific intent from doing the act

Malice
a. Applies to common law murder and arson
b. Generally shown with (at least) reckless disregard of an obvious or high risk that a particular harmful result would occur

General intent
a. Defendant must be aware that she is acting in the proscribed manner and that any attendant circumstances required by the crime are present
b. CAN infer general intent from doing the act

Question 8

MPC and Intent

Answer 8

MPC eliminates the CL distinctions between general and specific intent. Instead it uses these categories of intent:

• Purposely
• Knowingly
• Recklessly
• Negligence

Question 9

Specific Intent Crimes

Answer 9

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

Solicitation
Conspiracy
Attempt
Forgery
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
First Degree Murder

Question 10

Malice Crimes

Answer 10

Crimes Include: Common law murder and Arson

Requires a reckless disregard of an obvious or high risk that
the particular harmful result will occur.

Defenses to specific intent crimes (such as voluntary intoxication) do not apply to malice crimes

Question 11

General Intent Crimes

Answer 11

Crimes Include: any crimes not under Specific Intent, Malice, or Strict Liability (this is a catch all category)

General intent means the defendant has an awareness of all
factors constituting the crime.

Defendant does not need to be certain that all the circumstances exist, it is sufficient that they are aware of a high likelihood that they will occur.

Question 12

Strict Liability

Answer 12

No Mens Rea requirement

D is guilty from committing the act

Question 13

How to recognize a strict liability statute?

Answer 13

The crime is in the administrative, regulatory, or morality
area, AND

There are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,”

Question 14

MPC: Purposely

Answer 14

When a person’s conscious objective is to cause a certain result.

Question 15

MPC: Knowingly

Answer 15

Knowingly (Nature of Conduct):
When a person is aware of a high likelihood that their conduct is of a particular nature or that certain circumstances exist, and deliberately avoid learning the truth.

Knowingly (Result of Conduct):
When a person knows that their conduct will necessarily or very likely cause a particular result.

Question 16

MPC: Recklessly

Answer 16

Conscious disregard of a substantial and unjustifiable risk that is a gross deviation from a “reasonable person” standard of care

Question 17

MPC: Negligently

Answer 17

Failure to be aware of a substantial and unjustifiable risk, and this disregard is a gross deviation from a “reasonable person” standard of care.

Question 18

Transferred Intent

Answer 18

The defendant can be liable when they intend the harm that is actually caused, but to a different victim or object.

A person found guilty of a crime on the basis of transferred intent is guilty of TWO crimes (and there are two victims):
1. The completed crime against the actual victim and
2. The attempt against the intended victim

NOTE: Attempt itself cannot be transferred

Question 19

Concurrence of Mental Fault with Physical Act

Answer 19

The defendant must have had the intent necessary for the crime AT THE TIME they committed the act constituting the crime, and the intent must have prompted the act.

Question 20

D is driving to V’s house to kill him, but D accidentally runs V over before reaching the house. Can they be charged with murder?

Answer 20

No. D will lack the necessary concurrence of mental fault and physical act for murder

Question 21

Causation

Answer 21

Some crimes (such as homicide) require result (actual death) and causation (but-for and proximate cause)