1. An act constituating an elemnet of the eoffense was committed in the state.

2. An act outside the state caused a result in the state

3. the crime involved a duty imposed by the law of the state

4. attempt/conspiracy inside the state to commit an offense outside the state.

5. attempt/conspiracy outside the state to commit an act inside the state.

2^nd and most important element of a crime—this is the mental state, and there are 3 different levels:

1. Specific Intent

2. General Intent

3. Malice

this is the awareness of all factors constituting a crime (i.e. defendant is at least aware that the activity is prohibited).  Rape, kidnapping, false imprisonment, and battery are good examples of general intent crimes.

Do not require awareness of all the factors constituating the crime.

1. Statutory Rape

2. Selling Liquor to Minors

3. Bigamy

an accomplice is liable for the crime itself and all other foreseeable crimes (if person is actively involved)

A.  Elements:  an accomplice must give aid, counsel, or encouragement to the principal with the intent to encourage the crime.

B.  Defenses:  a person may be excluded from accomplice liability if—

1.  he is a member of a protected class (e.g. woman transported across state lines cannot be accomplice to the crime of transporting women across state lines for immoral purposes, since she is a member of the protected class)

2.  he is a necessary party not provided for (e.g. if statute makes sale of heroine illegal, but says nothing about punishment of the purchaser, a purchase cannot be found guilty under the statute as an accomplice to the seller

3.  a person effectively withdraws from a crime before it is committed.  Withdrawal must occur before the crime is unstoppable.  Note: repudiationattempt to neutralize is required if participation went beyond mere encouragement. is sufficient for mere encouragement;

A.  Solicitation:  consists of inciting, counseling, advising urging or commanding another to commit a crime, with the intent that the person solicited will do the crime (merger: a solicitor may not be convicted of both solicitation and the completed crime.)

B.  Conspiracy:  agreement between two or more parties to commit a crime. Must intend to achieve the object of the agreement.

the unlawful killing of a human being with malice aforethought.  Malice aforethought exists if it cannot be reduced to manslaughter, and was committed with one of the following:  (1) intent to kill; (2) intent to inflict great bodily injury; (3) reckless indiff. to an unjustifiably high risk to human life; or (4) intent to commit a felony (felony murder:  any death caused in the commission of, or in an attempt to commit, a felony).

a. 1st Degree:  some jurisdictions classify murder into degrees.  1st degree is deliberate or premeditated

a killing that would be murder but for the existence of adequate provocation.  Provocation is adequate if (1) it aroused sudden and intense passion in an ordinary person; (2) defendant was in fact provoked; (3) not sufficient time to cool off; and (4) defendant in fact did not cool off between the provocation and the killing

a killing committed with criminal negligence or during the commission of an unlawful act (the unlawful act is a misdemeanor or a felony not included within the felony murder rule)

requires (1) the malicious; (2) destruction of or damage to; (3) the property of another (note:  malice requires no ill will or hatred, only that the damage or destruction was intended or contemplated by the defendant).

1. Insanity

2. Intoxication

3. Infancy

4. Diminished Capacity

1.  Insanity:  several different tests adopted by jurisdictions to determine whether a defendant should be acquitted—

a. M’Naughten Rule:  entitled to acquittal only if (1) did not know the act was wrong; or (2) did not understand the nature and quality of his actions;

b. Irresistible Impulse Test:  entitled to acquittal defendant had an impulse that he could not resist;

c. Durham Test:  entitled to acquittal only if but for the mental illness, defendant would not have done the act;

d. MPC Test (this is the modern trend):  a combination of M’Naughten and the Irresistible Impulse tests.

Defendant lacked the substantial capacity to either:

i. appreciate the criminality of his conduct; or

ii. conform his conduct to the requirements of the law.

2.  Intoxication:  may be raised whenever intoxication negates one of the elements of a crime.  Two types:

a. voluntary:  the result of intentional taking without duress, this is often a good defense for specific intent crimes

b. involuntary:  taken either without knowledge of its nature, under duress, or by prescription—treated with insanity test

1. Defensive Force

2. Crime Prevention

3. Effectuating or Resisting Arrest

4. Necessity

Crime Prevention:  nondeadly force may be used if reasonably necessary to prevent a felony or serious breach of the peace; deadly force may be used only to terminate or prevent a dangerous felony involving risk to human life.

1. Duress

2. Mistake

3. Consent

4. Entrapment

Entrapment:  requires:  (1) the criminal design originated with the officers; (2) defendant was not predisposed to commit the crime prior to contact by the government