A specific intent to commit a crime & a substantial step in the commission of the crime

*arises only when D has FAILED to complete crime

1. Factual Impossibility - NO Defense, that it was factually impossible for D to complete intended crime

2. Legal Impossibility - Valid Defense b/c what D intended to do was NOT a crime

Mental State for Crime/Application

Specific Intent - ANY Mistake

Malice/General Intent - Reasonable Mistake

Strict Liability - Never

*Mistake of Fact arises only AFTER crime is already completed

Also Called CL Murder

The UNLAWFUL KILLING of a HUMAN being with MALICE AFORETHOUGHT

1. Intent to Kill

2. Intent to inflict great bodily injury

3. Reckless indifference of an unjustifiably high risk to huma life (depraved heart murder - considered 2nd degree)

4. Intent to commit felony (1st Degree BARRK)

CAUSATION - Death was the natural and probable result of D's act and there was no intervening cause that broke the chain of causation

Volutary - an intentional killing, where a reasonable person would not be able to cool off (in the heat of passion)

- sudden intense passion that would cause a rx person to lose control

- if killer's belief that an adulterous relationship was, taking place was unreasonable, the he would be guilty of murder

An unintentional killing

- act in a way that creates grossly negligent risk of death

- includes misdemeanor manslaughter

The NO INTENT crimes - liable for simply doing the act

Selling liquor to minors

Statutory rape

Crime of knowingly selling guns to a felon

Mistake of fact - no defense

Voluntary intoxication - no defense

Burglary

Solicitation

Attempt

Conspiracy

Murder (1st degree)

Attempted Murder

Assault

Larceny

Embezzlement

False Pretenses (Theft)

Robbery

M'Naughten Rule - 1. Not know act would be wrong 2. Not understand nature and quality of acts

Irresistible Impulse - unable to control actions

Durham - crime was the product of mental illness (defect)

Model Penal Code - lacked substantial capacity to:

a. Appreciate the criminality of actions

b. conform his conduct

1. Obtaining TITLE (includes getting cash);

2. to the Personal Property of Another

3. by an intentional false statement of past & existing fact

4. with the intent to defraud.

** misrep. as to what will occur in the future is not sufficient 

A SI crime the requires:

1. A taking

2. carrying away (transportation)

3. of tangible personal property

4. Of another

5. by trespass (w/out consent)

6. with the INTENT to permanently deprive

IF no INTENT to permanently deprive at the time of transportation, NO LARCENY

Person Intentionally Aids, counsels or encourages principal

LIABLE: 1. for the crimes he/she aided/encouraged

2. All other crimes probable and foreseeable

WITHDRAWAL: When he encourages he MUST REPUDIATE

When he participated - ATTEMPT to NEUTRALIZE

- distinguish encouragement v. participation

1. Trespassory

2. Taking 

3. Carrying away

4. Personal property of another

5. With the intent to steal

6. By force, violence or intimidation

7. Taken from victim's presense or person

(CANNOT threaten to do something in future)

Criminal Assault

- attempted battery - requires specific intent to commit batter

Criminal Battery

Unlawful application of force, which results in bodily harm or offensive touching

(GENERAL intent crime)

Ask incite, urge another to commit a felony or crime 

*agreement/approval by the person being asked is unnecessary

**one who solicits another to commit a crime CANNOT be convicted of both SOLICITATION and the completed crime

- distinguish accomplice liability where accomplice liable for completed crime

CANNOT be liable for BOTH solicitation and conspiracy (they Merge)

1. Breaking

2. Entering

3. Of the dwelling of another

4. at nighttime

5. with the intent to commit a felony therein

*must have intent BEFORE entering

- if intent to commit felongy while inside NO burglary