PA Criminal Distinctions Flashcards
In PA, when can an accomplice withdraw from a crime?
- Fully thwarts effectiveness
2. Timely warns law enforcement or other suitable efforts
In PA, can an accomplice be liable if the principal cannot?
Yes, unless the accomplice is a victim.
When is someone liable as an accessory after the fact?
- Harboring or concealing;
- Aiding
- Hiding or destroying evidence
- Warning
- Lying to law enforcement
M’Naghten test
D does not know either
- nature and quality of the act OR
- wrongfulness of the act
How can diminished capacity serve as a defense?
It can only negate the specific intent of first-degree murder
What burden of proof applies to a defendant’s invocation of the insanity defense?
Preponderance of the evidence
In what narrow circumstances can voluntary intoxication be a defense?
If it diminishes faculties, it can mitigate first-degree murder to third-degree murder, but not for killings committed during a robbery or burglary.
When can juveniles be charged with criminal offenses outside of juvenile courts?
- Murder
- violent felonies with deadly weapons for over 15 y/o
- violent felonies by over 15y/o already delinquent for such conduct
- Crimes by child already found guilty for other than summary offense
What is the maximum punishment for summary offenses?
90 days
What is murder in the first degree in PA?
Intentional killing
What is murder in the second degree in PA?
Felony murder
What is murder in the third degree in PA?
Malice
What is homicide by vehicle and what is required of it?
3rd degree murder. Gross negligence or reckless conduct other than under the influence
What is required for homicide by drug delivery?
- Intentional
- Giving of drugs under CSA
- resulting in death from use.
What is required for voluntary manslaughter in PA?
- Mitigation from heat of passion
2. Mitigation from unreasonable belief of justification
What is required for involuntary manslaughter in PA?
- reckless or grossly negligent
2. causing death of another
When can parents be criminally liable for failing to provide medical care to a child?
Involuntary manslaughter if death is direct result of failure to seek medical attention
in PA, can a defendant be criminally liable for larceny if stealing property they have an interest in?
Yes
In PA, can a defendant be criminally liable for stealing contraband?
Yes
Theft by unlawful taking or disposition
- unlawful
- Taking or controlling property
- with the intent to deprive owner
Theft by deception
- Intentionally
- taking or withholding property of another
- with deception (not puffery)
Theft by extortion
- intentionally
- obtaining or withholding property
- by threatening a crime or other harm
- unless for honestly restitution or indemnification
Theft of property lost, mislaid, or delivered by mistake
criminally liable when:
- knowingly
- coming into control of property of another
- lost, mislaid, or delivered by mistake
- with intent to deprive the owner
- without taking reasonable measure to restore property to owner
When is someone criminally liable for the receipt of stolen property?
- intentionally receiving it
2. without intent to restore to owner
Theft of services
Intentionally obtaining services by deception or threat
or by tampering with utility meter or unauthorized utility connections.
Theft by failure to make required disposition of funds received
- intentionally
- treating property as own
- that was given by agreement or obligation
- for disposition to another
Retail theft
intentional taking from merchant with intent to deprive without full payment
When is theft a misdemeanor?
That’s the baseline
When is theft a third-degree felony?
- $2000 or more
- Automobile or plane
- in business of receiving stolen property (fence)
When is theft a second-degree felony?
- Looting
- Stealing firearms
- anhydrous ammonia
When is theft a first-degree felony?
- receiving
- a stolen firearm
- and in the business of receiving stolen property
What is access device fraud?
Knowingly using a credit card to obtain property without authorization
What is the crime of bad checks?
Knowingly using a check that will not be honored
What is tampering with records?
- knowingly
- without privilege
- tamper
- with intent to deceive or conceal wrongdoing
In PA, what is robbery?
- Using violence or the threat of violence
- to physically take property
- in the course of committing a theft
When does burglary NOT merge into the crime intended to be committed?
if first- or second-degree crime
What are the elements for arson endangering persons?
- Intentionally starting, or aiding
- a fire or explosion
- that recklessly places another in danger OR with purpose of destroying or damaging occupied structure
Felony crime
What are the elements of arson endangering property?
- Intentionally starting or aiding
- a fire or explosion
- that recklessly places building at risk OR with purpose to damage unoccupied structure/collect insurance
Felony
What is aggravated assault in PA?
- recklessly
- Causing or attempting to cause
- serious bodily injury
- with extreme indifference to human life
What intentions are required for kidnapping in PA?
Any of:
- Ransom or hostage
- Terrorize or inflict serious bodily injury
- Facilitate felony or flight
- Interfere with public official duties
What are the elements of kidnapping in PA?
- Unlawful
- Removal of another a substantial distance or confinement for substantial period
- with requisite intentions
Rape
- Sexual intercourse
2. without consent
What is statutory rape in PA?
Under 13
What is statutory sexual assault in PA?
- Sex with soneone under 16
- not a spouse, and
- perp is between 4 and 11 older than victim
second-degree felony, but if over 11 years older, first degree
What are defenses to bigmay?
Any of:
- Believes spouse dead
- living apart for 2 consecutive years and not known to be alive
- unknown invalid court judgment
What is involuntary deviate sexual intercourse in PA?
Rape, but oral or anal sexual intercourse
When can a defendant renounce solicitation?
- Persuading or preventing another from committing the crime
- that is a complete and voluntary renunciation
Does PA require at least two conspirators to convict for conspiracy?
No; only one is necessary (unlike CL)
When can a defendant withdraw from a conspiracy?
Stopping the success of the conspiracy after renunciation
consistent with minority view
In PA, when does someone NOT have the duty to retreat before using deadly force?
- Not engaged in criminal activity
- No illegal firearm
- right to be where attacked
- reasonable belief in necessary force, and
- person uses deadly weapon
What approach to entrapment does PA take?
objective (minority rule) - would create substantial risk of persons to commit it
Defendant would not have committed crime but for LEO actions.
In PA, is evidence suppressed if obtained in violation of the knock-and-announce rule?
Yes
In PA, can a defendant’s pre-Miranda silence be used for impeachment?
No
In PA, how can a defendant waive Miranda?
Only explicitly
What are the elements for disorderly conduct?
- Intentionally;
- Causing public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof;
- while engaging in fighting, threatening, or other violent or tumultuous behavior.
Do all inchoate crimes merge in PA?
Yes
What are the elements for reckless endangerment?
Reckless conduct that may cause death or serious bodily injury
What constitutes terroristic threats?
A terroristic threat is a direct or indirect communication of a threat to:
(i) commit a crime of violence with the intent to terrorize another or with reckless disregard for the risk of causing terror;
(ii) cause the evacuation of a place; or
(iii) cause terror or serious public inconvenience with reckless disregard of the risk
What constitutes sexual extortion?
Knowingly or intentionally coercing or causing a victim, through the use of am unlawful threat, to (a) engage in sexual conduct or a state of nudity, or (b) make or distribute any image, video, or other recording depicting the victim in a state of nudity or engaging in sexual conduct
What constitutes perjury?
Perjury is the making of a false statement under oath or affirmation in any official proceeding or swearing or affirming in any official proceeding the truth of a statement previously made.
What constitutes stalking?
Stalking is engaging in a course of conduct toward another, including following the person, under circumstances with the intent to put that person in reasonable fear of injury or to cause substantial emotional distress.
What constitutes criminal trespass?
PA recognizes several forms, but essentially breaking and entering into another’s property without the privilege to do so
