MPC Sections Flashcards
1.07
Method of Prosecution When Conduct Constitutes More Than One Offense.
(1) Prosecution for Multiple Offenses; Limitation on Convictions.
(2) Limitation on Separate Trials for Multiple Offenses.
(3) Authority of Court to Order Separate Trials.
(4) Conviction of Included Offense Permitted.
(5) Submission of Included Offense to Jury.
1.13
General Definitions.
2.01
Requirement of 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 that includes a voluntary act or the omission to perform an act of which he is physically capable.
(2) List of Involuntary Acts.
(3) Omissions Cannot Create Liability (Usually).
(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.
2.02
General Requirements of Culpability.
(1) Minimum Requirements of Culpability.
(2) Kinds of Culpability Defined (Purposely, Knowingly, Recklessly, Negligently).
(3) Culpability Required Unless Otherwise Provided.
(4) Prescribed Culpability Requirement Applies to All Material Elements.
(5) Substitutes for Negligence, Recklessness and Knowledge.
(6) Requirement of Purpose Satisfied if Purpose Is Conditional.
(7) Requirement of Knowledge Satisfied by Knowledge of High Probability.
(8) Requirement of Wilfulness Satisfied by Acting Knowingly.
(9) Culpability as to Illegality of Conduct.
(10) Culpability as Determinant of Grade of Offense.
3.04
Use of Force in Self-Protection.
(1) Use of Force Justifiable for Protection of the Person.
(2) Limitations on Justifying Necessity for Use of Force.
(3) Use of Confinement as Protective Force.
3.11
Justification Definitions.
“In this Article, unless a different meaning plainly is required:
(1) unlawful force
(2) deadly force
(3) dwelling”
4.01
Mental Disease or Defect Excluding Responsibility.
(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law.
(2) As used in this Article, the terms mental disease or defect do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
4.02
Evidence of Mental Disease or Defect Admissible When Relevant to Element of the Offense [; Mental Disease or Defect Impairing Capacity as Ground for Mitigation of Punishment in Capital Cases].
(1) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind that is an element of the offense.
[ (2) Whenever the jury or the Court is authorized to determine or to recommend whether or not the defendant shall be sentenced to death or imprisonment upon conviction, evidence that the capacity of the defendant to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect is admissible in favor of sentence of imprisonment.]
5.01
Attempt.
(1) Definition of Attempt.
(2) Conduct That May Be Held Substantial Step Under Subsection (1)(c).
(3) Conduct Designed to Aid Another in Commission of a Crime.
(4) Renunciation of Criminal Purpose.
5.02
Criminal Solicitation.
(1) Definition of Solicitation.
(2) Uncommunicated Solicitation.
(3) Renunciation of Criminal Purpose.
5.03
Criminal Conspiracy.
(1) Definition of Conspiracy.
(2) Scope of Conspiratorial Relationship.
(3) Conspiracy with Multiple Criminal Objectives.
(4) Joinder and Venue in Conspiracy Prosecutions.
(5) Overt Act.
(6) Renunciation of Criminal Purpose.
(7) Duration of Conspiracy.
210
Homicide Definitions.
(1) human being means a person who has been born and is alive;
(2) bodily injury means physical pain, illness or any impairment of physical condition;
(3) serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;
(4) deadly weapon means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
210.1
Criminal Homicide.
(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
(2) Criminal homicide is murder, manslaughter or negligent homicide.
210.2
Murder.
(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.
(2) Murder is a felony of the first degree [but a person convicted of murder may be sentenced to death, as provided in Section 210.6].
210.3
Manslaughter.
1) Criminal homicide constitutes manslaughter when:
(a) it is committed recklessly; or
(b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.
(2) Manslaughter is a felony of the second degree.
