Essential Elements of All Crimes

Question 1

An Act (defined)

Answer 1

Any voluntary bodily movement.

So, reflexive or convulsive (seizure), unconscious or asleep, are NOT voluntary. Or conduct that is not a product of your own volition, ex. being pushed by someone, into another.

Question 2

Omission as an Act + Exceptions

Answer 2

Generally there is no legal duty to rescue or act. However, there can be a duty to act in one of 5 circumstances:

1. Statute (tax returns)
2. contract (lifeguard, nurse)
3. relationship (parent/child)
4. Voluntarily assume duty of care then fail to adequately perform it **
5. Where your conduct created the peril **

Question 3

Mental State: Specific Intent Crimes (list crimes, reason for importance)

Answer 3

Importance is they qualify for additional defenses: voluntary intoxication and unreasonable mistake of fact

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

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 4

Mental State: Malice Crimes

Answer 4

(reckless indifference)

Murder (CL, not premidated, or 2nd Degree)
Arson

Question 5

Mental State: General Intent

Answer 5

Battery!

Catch-all.. Awareness of committing crime (no specific intent necessary)

remember transferred intent (and subsequent charges of person missed and person hit)

Question 6

Mental State: Strict Liability

Answer 6

NO INTENT crimes

Any defense that negates intention cannot be a defense to the SL crimes. Similarly, consent is no defense

Note: IF crime is in the administrative, regulatory, or morality area, and don’t see adverbs such as knowingly, willfully, or intentionally, then statute is meant to be SL

Question 7

Mental State: MPC (list 4)

Answer 7

1. Purposely - “conscious objective” to engage in certain conduct or cause a certain result
2. Knowingly - “aware” that his conduct will very likely cause result
3. Recklessly - “conscious disregard a substantial and unjustifiable risk”
4. Negligently - “Failure to be aware of substantial and unjustifiable risk”