essential elements of a crime Flashcards
specific intent pneumonic
students can always fake a laugh, even for ridiculous bar facts
specific intent crimes
- solicitation
- conspiracy
- attempt
- first degree premeditated murder
- assault
- larceny
- embezzlement
- false pretenses
- robbery
- burglary
- forgery
solicitation - required intent
intent to have the person solicited commit the crime
conspiracy - required intent
intent to have the crime completed
attempt - required intent
intent to complete the crime
first degree premeditated murder - required intent
premeditated intent to kill
assault - required intent
intent to commit a battery
larceny - required intent
intent to permanently deprive the other of their interest in the property taken
embezzlement - required intent
intent to defraud
false pretenses - required intent
intent to defraud
robbery - required intent
intent to permanently deprive the other of their interest in the property taken
burglary - required intent
intent to commit a felony in the dwelling
forgery - required intent
intent to defraud
malice crimes
common law murder; arsoni
intent required for malice crimes
a reckless disregard of an obvious or high risk that the particular harmful act will occur
general intent
the defendant has an awareness of all factors constituting the crime (in other words, defendant must be aware that they are acting in a proscribed way and that any required attendant circumstances exist
strict liability offense
defendant can be found guilty from the mere fact they committed the act
general intent crimes
- battery
- rape
- kidnapping
- false imprisonment
strict liability crimes
- statutory rape
- selling liquor to minors
- bigamy (in some jdx)
common law intent vs MPC intent
common law - specific intent; general intent; MPC intent - purposely, knowingly, recklessly, or negligently
