MPC Flashcards
MPC definition: Act/action
Act or action means bodily movement whether voluntary or involuntary.
Elements of an offense MPC
Conduct, circumstance, and result
MPC: Material elements of an offense
Must be connected with the harm sought to be prevented by the law defining the offense
MPC intent
purpose
MPC deadly force
Force the actor uses with the purpose of causing death or serious bodily harm
MPC actus reus
Person is not liable unless it is based on a voluntary act or omission, he was capable of.
MPC not voluntary acts
Reflex or convulsion, movement while unconscious/asleep, conduct during hypnosis, bodily movement that is not product of actor’s effort whether conscious or habitual.
MPC liability based on omission
Must be based on it being sufficient by the law defining the offense, or a duty imposed by law
MPC purposely
Purposely if element involves nature of his conduct or a result thereof or of the attendant circumstances if he is aware or wants them to exist.
MPC knowingly
Knowingly if an element involves the nature of his conduct or attendant circumstance he knows exist. If involves the result of his conduct, he is aware that it is certain his conduct will lead to result.
Also satisfied if a person is aware of a high probability of its existence, unless he actually believes it doesn’t exist.
MPC Recklessly
Consciously disregards substantial and unjustifiable risk of material element existing or will result from his conduct
MPC negligently
He should be aware of a substantial and unjustified risk that the material element exists or will result from his conduct
Culpability if not specified
Culpability required unless otherwise specified by statute recklessness by default.
If statute gives MR it applies to…
all material elements unless a contrary purpose appears
If actor satisfies a given MR do they satisfy a lesser one?
Yes.
Willfulness MPC
Willfulness satisfied by acting knowingly, unless a purpose to impose further requirements appears.
If strict liability on a material element then
the offense is a violation, not a crime.
MPC: Mistake of fact or different law is a defense if
a) negates MR or b) if the law so provides.
Mistake of fact or different law defense not available when?
But, not available if he would be guilty of another offense if situation had been as he supposed. He will be guilty of the lesser crime under the situation he supposed.
A belief that conduct isn’t an offense is a defense to that offense when?
a) law is not known to the actor and has not been reasonably provided
b) he acts in a reasonable reliance of official statement of the law afterward determined wrong
official statements = statute, judicial decision/judgment/opinion, admin order/grant of permission, official interpretation of the public officer/body charged with responsibility for the interpretation/administration/enforcement of the law.
MPC Homicide
purposely, knowingly, recklessly or negligently causes the death of another human being.
Serious bodily injury MPC
Injury that creates substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of any body part.
Murder MPC
(1) Except as provided in Section 210.3(1 )(b), criminal homicide constitutes murder when:
(a) it is committed purposely or knowingly; or
(b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.
Manslaughter MPC
Homicide which would otherwise be murder is manslaughter if committed under extreme emotional disturbance with reasonable explanation or excuse for a reasonable person in the actor’s circumstances as they believe them to be. Felony of the 2nd degree.
