MPC Flashcards
MPC 2.01 (actus reus)
Requirement of a voluntary act; omission as basis of liability; possession as an act:
1. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.
2. The following are not voluntary acts within the meaning of this section:
a. A reflex or convulsion
b. A bodily movement during unconsciousness or sleep
c. Conduct during hypnosis or resulting from hypnotic suggestion
d. A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
3. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
a. The omission is expressly made sufficient by the law defining the offense; or
b. A duty to perform the omitted act is otherwise imposed by law.
4. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
MPC 2.02 (mens rea)
- Acting purposely
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of his existence of such circumstances or he believes or hopes that they exist. - Acting knowingly
(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct with cause such a result. - Acting recklessly
(i) A person acts recklessly when the person is aware of the substantial and unjustifiable risk associated with some conduct, and engages in the conduct anyway;
(ii) disregarding such a risk involves a gross deviation from the standard of conduct a law-abiding person would observe in the circumstances. - Acting negligently
(i) A person acts negligently when the person engages in conduct that he or she should have known posed a substantial and unjustified risk;
(ii) the person’s failure to perceive such a risk is a gross deviation from the standard of care that a reasonable person would observe in the circumstances.
MPC 2.03 Approach to Proximate Cause
In cases of recklessness or negligence, the result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a just bearing on the actor’s ability or on the gravity of the offense.
MPC 5.01 (attempt)
MPC requires that the defendant purposely engage in conduct that would constitute the crime. It also requires that the defendant act with the purpose of causing or with the belief that he will cause such a result. MPC’s heightened mens res requirements apply only to conduct and result elements. As for the other elements, such as attendant circumstances, the defendant only needs to act with the kind of culpability otherwise required for the commission of the crime.
MPC 210
MPC 210.1
MPC 210.2 (Murder)
(a) Defendant kills another “purposely or knowingly”
(b) Defendant kills another recklessly under circumstances manifesting extreme indifference to human life.
Recklessness presumed if killing occurs in commission or attempted commission of listed felonies.
MPC 210.3 (Manslaughter)
(a) defendant acts recklessly in killing another
(b) a killing which would otherwise be murder is committed while defendant is under the influence of an extreme mental or emotional disturbance for which there is reasonable explanation or excuse.
MPC 210.4 (Negligent Homicide)
The killing results from the defendant’s criminal negligence.
