Essential Elements of a Crime

Question 1

What are the core elements of any crime?

Answer 1

Actus reus (physical act) + mental state (mens Rea) and a concurrence of the two

May also require proof of result and causation

Question 2

What is a physical act?

Answer 2

A voluntary bodily movement or a failure to act under circumstances imposing a legal duty to act.

Question 3

What is the effect of defendant’s unconsciousness?

Answer 3

Unconciousness while committing an act renders it involuntary. The exception to this is when the defendant knew hew was likely to become unconscious and commit the act

Question 4

When is an omission an act?

Answer 4

(1) legal duty to act
(2) defendant has knowledge of the facts giving rise to the legal duty to act
(3) reasonably possible to perform the act

Question 5

When is there a legal duty to act

Answer 5

Can arise from statute, contract, or relationship.

Parents and spouses have a duty to protect children and spouses from harm

Voluntary assumption of care of the victim creates a duty

Creation of peril for the victim creates a duty

Question 6

When is possession an act?

Answer 6

Some statues criminalize possession of contraband, usually requiring only that the defendant have control of the item for long enough to have an opportunity to terminate possession

Possession need not be exclusive and may be constructive if located in an area within defendant’s dominion and control

Question 7

When does defendant have requisite mens rea re: possession absent state of mind requirement in statute?

Answer 7

When they are aware of their possession of the contraband. Not necessary that they be aware of its illegality. Many statutes impose a “knowing” state of mind requirement which would require the defendant to know the nature/identity of the possessed contraband.

Question 8

What is specific intent?

Answer 8

Some crimes require more than doing the act, but have requisite accompanying intent/objective. Specific intent cannot be conclusively imputed from the mere doing of the act but the manner in which the crime was committed may provide circumstantial evidence of intent

Question 9

What are the major specific intent crimes?

Answer 9

Solicitation (intent to have the person solicited to commit the crime)
Conspiracy (intend to have the crime completed)
Attempt (intent to complete the crime)**even if crime attempted is not specific!!**
First degree premeditated murder (premeditated intent to kill)
Assault (intent to commit a battery)
Larceny (intent to permanently deprive victim of property interest)
Embezzlement (intent to defraud)
False pretenses (intent to defraud)
Robbery (intent to permanently deprive of property interest)
Burglary (intent to commit felony in the dwelling)
Forgery (intent to defraud)

[lecture mnemonic — students can always fake a laugh, even for ridiculous bar facts]

Question 10

What is malice and when is it required?

Answer 10

Reckless disregard of an obvious or high risk that the particular harmful result will occur (On bar — only applicable to common law murder and arson)

Defenses to specific intent crimes are inapplicable to malice crimes

Question 11

What is general intent?

Answer 11

Awareness of all factors constituting the crime. Jury may infer required intent merely from doing the act
The most frequently tested general intent crime is battery
Others are rape, kidnapping, and false imprisonments

Question 12

What are strict liability offenses?

Answer 12

Does not require awareness of all factors constituting the crime — defendant guilty merely by fact of committing the act

Defenses negating state of mind are not available

If a crime is in the category of administrative, regulatory or morality and has no stated intent, then it is meant to be strict liability

Question 13

What categories of intent does the MPC adopt?

Answer 13

Purposely, knowingly, recklessly, negligently

Question 14

When does a person act purposely?

Answer 14

Conscious object is to engage in certain conduct or cause a certain result

Question 15

When does a person act knowingly?

Answer 15

With respect to nature of conduct — when they are aware that their conduct is of a particular nature or that certain circumstances exist

Deemed aware of circumstances when there is a high probability that they exist and they deliberately avoid knowing the truth

With respect to results — when they know that the conduct will necessarily or very likely cause a particular result

Usually satisfies a statute specifying willful conduct

Question 16

When does a person act recklessly?

Answer 16

Conscious disregard of a substantial and unjustifiable risk constituting a gross deviation from the standard of care

Recklessness is the minimum mens rea for statutes absent statutory specification to the contrary (satisfies a statute specifying wanton conduct)

Question 17

When does a person act with criminal negligence?

Answer 17

When they fail to be aware of a substantial and unjustifiable risk where such failure is a substantial deviation from the standard of care/determined objectively
Not the tort reasonable person standard/must be a very unreasonable risk

Question 18

What are vicarious liability offenses?

Answer 18

Where a person without personal fault may be held liable for the criminal conduct of another (usually limited to regulatory crimes punishable only by fines)

Question 19

Does a corporation have the capacity to commit crimes?

Answer 19

Common law: no
Modern: yes if performed by (1) agent acting within scope of employment, (2) corporate agent high enough in hierarchy to presume their acts reflect corporate policy

Question 20

What is transferred intent?

Answer 20

Defendant liable where they intend the harm actually caused but toward a different victim or object

Defenses/mitigations also transfer

Applies to homicide battery and arson but not attempt

Usually results in conviction for 2 crimes: the completed crime against the actual victim, and the attempted crime against the intended victim