Other Crimes / General Intent

Question 1

Define Perjury

Answer 1

Perjury involves the willful act of falsely promising to tell the truth, either verbally or in writing, about material matters that affect the outcome of a case.

Question 2

What is bribery under (1) the common law, and (2) the modern law.

Answer 2

(1) Common law: A misdemeanor involving the corrupt payment of something of value for the purpose of influencing the action of an official in the discharge of his public or legal duties.
(2) Modern law: Can be a felony and may extend to persons who are not public officials. Mutuality is not required.

Question 3

What must be proven to convict a defendant of a strict liability crime?

Answer 3

Proof of the actus reus is sufficient for a conviction.

Note: A strict-liability crime does not require a mens rea

Question 4

Can the owner of property be guilty of larceny regarding that property?

Answer 4

Yes. The owner of property can be guilty of larceny when someone other than the owner is entitled to current possession of the property.

Question 5

What is the main difference between larceny by trick and false pretenses?

Answer 5

Under larceny by trick, the defendant obtains possession.

Under false pretenses, the defendant obtains title.

Question 6

Define statutory rape.

Answer 6

Statutory rape is sexual intercourse with a person under the age of consent.

It is a strict-liability crime with respect to the age of the victim, and neither consent by the underage victim nor a defendant’s reasonable mistake of fact concerning the victim’s age is a defense.

Question 7

What are the four common-law elements of rape?

Answer 7

Rape is:

(i) Unlawful;
(ii) Sexual intercourse;
(iii) With a female;
(iv) Against her will by force or threat of immediate force.

Note: Rape is a general-intent crime. Additionally, most modern statutes are gender-neutral and have replaced the force requirement with lack of consent.

Question 8

What are the three usual statutory elements of the crime of receiving stolen goods?

Answer 8

It requires:

(i) Receiving control (not necessarily possession) of stolen property;
(ii) Knowledge that the property is stolen; and
(iii) Intent to permanently deprive the owner of the property.

Note: Knowledge that the property is stolen must coincide with the act of receiving the property.

Question 9

What are the four elements of kidnapping?

Answer 9

Kidnapping is the:

(i) Unlawful;
(ii) Confinement of a person;
(iii) Against that person’s will;
(iv) Coupled with either the movement or the hiding of that person.

Question 10

Common law Arson

+ burning element under common law, majority, & MPC approaches

Answer 10

Common-law arson is defined as the malicious (i.e., intentional or reckless) burning of another’s dwelling.

The majority and MPC approaches expand this definition to include the burning of any structure.

However, the burning element is satisfied under all three approaches only if the fire damages the structure of the dwelling.

• Mere scorching (i.e., discoloration due to heat) of the walls, smoke damage, and burning of the dwelling’s contents are all insufficient to support an arson conviction.

Question 11

Criminal Battery

Answer 11

i) Unlawful
ii) Application of force
iii) to another
iv) that results in harmful or offensive contact.

Question 12

Will a parent be charged with battery for disciplining their child?

Answer 12

The use of physical force in the exercise of parental authority (i.e., discipline) by a parent or a person in charge of a child (e.g., a teacher) may satisfy the elements of battery.

• However, such force is justified—and therefore will not support a battery conviction—if it was reasonable and exercised for the benefit of a minor-aged child.

Question 13

What are the two types of fraud?

Answer 13

There are two types of fraud:

1) Fraud in factum – when consent is obtained by fraud regarding the nature of the act itself, leaving the victim unaware that he/she consented to sexual intercourse and negating the victim’s consent
2) Fraud in the inducement – when consent is obtained by fraud regarding what the victim knows is an act of sexual intercourse, which DOES NOT negate the victim’s consent

As a result, consent obtained by fraud in factum is not a defense to rape, but consent obtained by fraud in the inducement is a defense.

Question 14

Common law Bigamy

Strict liability Crime

Answer 14

At common law, bigamy—i.e., the act of marrying while legally married to another—is a strict liability crime.

• Strict liability crimes have no mens rea (guilty mind) requirement, so proof of the actus reus (bad or unlawful act) is alone sufficientto support a conviction.

Mistake of fact is no defense to a strict liability crime—even if the defendant’s mistake was honest and reasonable.

• That is because this defense is predicated on the notion that the defendant’s mistake negates the mens rea necessary to convict.

Question 15

Kidnapping

• elements*
• what happens if kidnapping occurs incident to another offense?*

Answer 15

Kidnapping is:

1) the intentional and unlawful confinement of another
2) against that person’s will (e.g., by threat)
3) coupled with either moving or hiding that person.

A perpetrator need only move the victim a short distance—even a few feet—to satisfy the movement element of kidnapping.

• But if the kidnapping occurs incident to the commission of another offense, then the movement of the victim must be more than is necessary to complete the other offense.*

Otherwise, the perpetrator can only be convicted of the other offense—but not kidnapping.

Question 16

Kidnapping Rule Statement

Answer 16

Kidnapping is (1) the intentional and unlawful confinement of another (2) against that person’s will (3) coupled with moving or hiding the person. For a kidnapping to occur incident to the commission of another offense, the movement of the victim must be more than is necessary to complete the other offense.

Question 17

Strict liability offenses

attributes & common examples

Answer 17

Strict liability crimes have no mens rea requirement—proof of the actus reus alone is sufficient to support a conviction. Strict liability crimes often are regulatory in nature, relate to public health and safety, and feature relatively light penalties.

Attributes

• Regulatory in nature
• Related to public health & safety
• Misdemeanors imposing minor penalties

Common examples

• Adulteration of food or drugs
• Firearms regulations
• Traffic offenses
• Selling liquor to minors

Question 18

What do courts consider when determining whether the legislature intended to impose strict liability for a crime?

Answer 18

In determining whether the legislature intended to impose strict liability for a crime, courts often consider the severity of the associated penalty.

Crimes with relatively light penalties (e.g., fine-only crimes) are more likely to be strict liability offenses than those with severe penalties.

Additionally, strict liability crimes are often regulatory in nature and related to public health and safety.

Question 19

What constitutes confinement for the purposes of kidnapping?

Answer 19

To constitute confinement, the victim must be prevented from leaving an area or compelled to go to a place the victim does not wish to go.

Question 20

who is a principal?

Answer 20

A principal is the person whose acts or commission are the actus reus of the crime–i.e., the perpetrator of the crime.

The principal must be actually or constructively present at the scene of the crime.

A principal is constructively present when some instrumentality he left or controlled resulted in the commission of the crime.

Question 21

Joint principals

Answer 21

If two or more people are directly responsible for the actus reus, they are joint principals (i.e., co-principals).

Question 22

Who is an accomplice?

Answer 22

An accomplice (i.e., an accessory before the fact or a principal in the second degree) is a person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of the crime.

Question 23

Example of principal in the second degree

Answer 23

Some states draw a distinction between an accessory before the fact and a principal in the second degree based upon presence at the scene of the crime.

An accomplice who is physically or constructively present during the commission of the crime is a principal in the second degree.

• For example, a getaway driver some distance from the scene is deemed constructively present and will be considered a principal in the second degree.

Question 24

Accessory before the fact

Answer 24

An accomplice who is neither physically nor constructively present during the commission of the crime, but who possesses the requisite intent,

• for example someone who helped plan the crime or acquired tools or weapons necessary to commit the crime, is an accessory before the fact.

Question 25

Does the M’Naghten test include “sociopathic” or “psychopathic” criminals?

Answer 25

NO.

This test expressly excludes the “sociopathic” or “psychopathic” criminals who have a tendency to commit antisocial and sometimes violent acts and are incapable of experiencing guilt; such a history of committing unlawful acts is not evidence in itself of mental disease or defect.