Rule: No act, no crime.

Act: A voluntary bodily movement.

Must have: 

1. Legal duty to act.

2. Knowledge of the facts giving rise to the duty.

3. Ability to help.

A crime may be prosecuted in:

1) any state where an act that was part of the crime took place, or

2) in any state where the result took place.

1. Solicitation: Asking someone to commit a crime, with the intent that the crime be committed.

2. Conspiracy: An agreement between two or more poeple to commit a crime, plus an overt act in furtherance of the crime.

3. Attempt: Dangerously close to or substantial step toward the crime.

1. Control for a period of time long enough to have an

2. Opportunity to terminate the possession.

Constructive Possession: Need not be in D's actual possession, so long as it is close enough for him to exercise dominion and control over it.

1. Insanity

2. Intoxication

3. Infancy

4. Self Defense

5. Duress

6. Entrapment

1. Specific Intent

2. Malice

3. General intent

4. Strict liability

1. Physical Act

2. Mental state

3. Causation

4. Concurrence

1. Common law

2. MPC

3. Majority rules

1. Assault

2. 1st degree premeditated murder

3. Larceny

4. Embezzlement

5. False pretenses

6. Robbery

7. Forgery

8. Burglary

9. Solicitation

10. Conspiracy

11. Attempt

When a D acts intentionally or with reckless disregard of an obvious or known risk.

Malice crimes:

1. Murder

2. Arson

D need only be generally aware of the factors constituting the crime; he need not intend a specific result.

Examples:

1. Battery

2. Forcible rape

3. Kidnapping

4. False imprisonment

When the crime requires simply doing the act; no mental state is needed.

Two types:

1. Public Welfare: regulatory or morality offenses

2. Statutory rape: having sex with someone who is under the age of consent.

Rule: Whether a D's mistake of fact will be a defense depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable.

Specific intent: any mistake (even an unreasonable one) will be a defense.

General intent: only a reasonable mistake will be a defense.

Strict liability: then the mistake will not (ever) be a defense.

• A reasonable mistake will be a defense to any crime, except strict liability.
• An unreasonable mistake will be a defense only to specific intent crimes.

Rule: Mistake of law is not a defense.

Exceptions:

1. If the statute specifically makes knowledge of the law an element of the crime.

2. Others...not published or readily available.

Purposely: D's conscious object to accomplish a particular result.

Knowingly: D is aware of what he is doing. Recklessly: D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.

Negligently: D should have known about a substantial and unjustifiable risk.

Strict liability: No mental state required.

Under the MPC, a mistake of fact will be a defense if the mistake negates the required mental state.

For crimes of purpose, knowledge or recklessness, a mistake of fact (even and unreasonable one) will often be a defense.

For crimes of negligence, only a reasonable mistake will be a defense. For strict liability crimes, a mistake of fact will not be a defense, no matter how reasonable it is.

Rule: D is an actual cause if hte bad result would not have happened "but for" D's conduct.

Accelerating cause is an actual cause.

Rule: D is a proximate cause if the bad result is a natural and probable consequence of D's conduct.

• Foreseeability
• Fairness

Intervening causes: D will not be considered a proximate cause if an unforeseeable intervening event causes the bad result.

Eggshell victim: D will be considered a proximate cause even if the victim's pre-existing weakness contributed to the bad result.

Rule: D must have the mental state at the time he engages in the act.

Concurrence issues arise most frequently with:

• Larceny
• Burglary

The unlawful application of force to another, resulting in either bodily injury or an offensive touching.

Mental state: General intent

1) Attempted battery, OR

2) the intentional creation, other that by mere words of a reasonable fear in the mind of the victim of an imminent bodily harm.

Mental state: specific intent

Many states provide that an assault or battery will be more serious if:

1. a weapon is used

2. the victim is a child, or

3. the intent is to commit a robbery or rape.

Causing the death of another person with malice aforethought.

Malice aforethought:

1. Intent kill

2. Intent to inflict great bodily harm

3. Extreme recklessness

4. Felony Deadly weapon rule: the intentional use of a deadly weapon creates an inference of an intent to kill.

If D intends to harm one victim, but accidentally harms a different victim instead, D's intent will transfer from the intended victim to the actual victim.

An intentional killing committed in the heat of passion after adequate provocation, which has 4 elements:

1. Provocation would arouse a sudden an intense passion in the mind of an ordinary person.

2. D was in fact provoked.

3. D did not have time to cool off; and

4. D did not in fact cool off between the provocation and the killing.

Adequate provocation:

1. Serious assault and battery

2. finding spouse in bed with someone else

3. Not words alone.

A killing committed with criminal negligence, or a killing committed during a crime if it is not felony murder (sometimes called "misdemeanor manslaughter").

Any killing caused during the commission of or attempt to commit a felony.

Limitations:

1. D must be guilty of the underlying felony.

2. The felony must be inherently dangerous.

3. The felony must be separate from the killing itself.

4. The killing must be during the felony or during immediate flight from the felony.

5. The death must be foreseeable.

6. The victim must not be a co-felon.

Vicarious Liability: If one of the co-felons causes the death, all of the other co-felons will be guilty of felony murder.

Mental state: Intent to kill

Mental state: Extreme recklessness

Mental state: Felony murder

• Robbery
• Burglary
• Arson
• Kidnapping
• Forcible rape
• Kidnapping

Intentional: An intentional killing committed under the influence of a reasonable, extreme emotional disturbance. (*No provocation needed)

Unintentional: a reckless killing, which means D is aware of and consciously disregards a substantial and unjustifiable risk of death.

Mental state: Negligence

D should have known about a substantial and unjustifiable risk of death.

1) The unlawful

2) confinement of a person

3) without his consent

Mental state: General intent

1) False imprisonment

2) that involves either moving the victim or concealing the victim in a secret place.

Mental state: general intent

1) The purpose is to collect ransom,

2) the purpose is to commit robbery or rape, or

3) the victim is a child.

1) Sex

2) without the victim's consent

3) accomplished

    a) force

    b) threat of force, or

    c) when the victim is unconscious

Mental state: General intent

1) Sex

2) with someone under the age of consent

Mental state: Strict liability

MPC/Minority rule: Allows a reasonable mistake of age to be a defense.

The trespassory taking and carrying away of the personal property of another, with the intent to steal.

Mental state: Specific intent

The Erroneous Taking Rule: A taking under a claim of right is never larceny.

Continuing trespass: If D wrongfully takes property, but without the intent to steal, he will not be guilty of larceny. But if D later forms the intent to steal, the initial taking is considered to have continued--->guilty of larceny.

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

Mental state: Specific intent

Possession vs. custody: Possession involves more than mere custody. It requires the authority to exercise some discretion over the property.

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.

"False statement" must be of a past or present event (not a future promise).

If D obtains only possession (not title) as a result of the intentional false statement, the crime is "larceny by trick," not false pretenses.

1) A larceny

2) from another's person or presence

3) by force or threat of immediate injury.

Mental state: Specific intent

Force: sufficient to overcome resistance

Combines the common law crimes of larceny, embezzlement, false pretenses, or larceny by trick into a single offense typically known as theft.

Grading: Seriousness of the offense will be determined by the value of the property stolen.

Breaking and entering the dwelling of another at night with the intent to commit a felony inside.

Breaking: Creating or enlarging an opening by at least minimal force

Entry: Some part of D's body must enter the building.

Dwelling: A structure where someone regularly sleeps.

Mental state: Specific intent.

**Many states have eliminated the technical requirements of common law burglary (especially "breaking," "at night," and "dwelling").

The malicious burning of a building

State of mind: Malice

Burning: requires the material wasting of the structure--scorching is not enough, some part of the building must actually be burned up.

Principal: person who commits the crime.

Accomplice: person who helps

Act: Aids or encourages the principal,

Mental state: with the intent that the crime be committed.

Rule: Accomplice is guilty of all crimes that he aided or encouraged and all other foreseeable crimes committed along with the aided crime. If the principal is not prosecuted or has an individual defense, the accomplice is still guilty.

Asking someone to commit a crime, with the intent that the crime be committed.

Mental state: Specific intent

The crime is in the asking. (Doesn't matter if other person agrees or whether crime is actually committed.

An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime.

Mental state: Specific intent to accomplish the conspiracy's objective.

The crime is in the agreement (plus the overt act).

Common law test: conduct that gets dangerously close to the commission of the crime (sometimes called the "dangerous proximity test").

MPC/Majority test: Conduct that is a substantial step towards the crime and strongly corroborative of a criminal purpose.

Mental state: Specific intent

RULE: Can't attempt unintentional crimes.

No attempt versions of

1) reckless crimes, or

2) negligent crimes, or

3) felony murder

The claim that it was impossible to complete the crime because of some circumstance beyond D's control.

RULE: Factual impossibility is not a defense to attempt.

The claim that is was impossible to complete the crime because what the defendant was trying to do was not illegal.

RULE: Legal impossibility IS a defense to attemp.

D must have a mental disease or defect.

Four different tests:

1. M'Naughten test: if D either did not know his act was wrong, or did not understand the nature of his act.

2. Irresistible impulse test: if D either was unable to control his actions, or was unable to conform his conduct to the law.

3. The Durham test: If D's conduct was the product of his mental illness.

4. The MPC test: If D lacked the substantial capacity to either appreciate the criminality of his condcut or conform his conduct to the law.

Insanity: Issue is whether D was insane at the time of the crime. If yes, then D is not guilty.

Incompetency: Issue is whether D is insane at the time of the trial. If yes, then the trial is postponed until D is competent.

Involuntary intoxication: Can be a defense to any crime; Treated like mental illness, so apply insanity tests;

Key: intoxication must be completely involuntary.

Voluntary intoxication: Can be a defensee to specific intent crimes if the intoxication prevents D from forming the specific intent;

Cannot be a defense to malice, general intent, or strict liability crimes.

Common law:

If the age is under 7: prosecution not allowed

If the age is under 14: rebuttable presumption against prosecution;

If the age is 14 or over: prosecution allowed.

MPC: If the age is under 16: criminal prosecution not allowed; "juvenile delinquency" proceedings in Family court;

If the age is 16 or 17: criminal prosecution allowed if approved by the juvenile delinquency court.

Non-deadly force: D may use nondeadly force in self-defense if it is:

1) Reasonably necessary

2) to protect against an immediate use

3) of unlawful force against him

Deadly force: D may use deadly force in self-defense if he is facing an imminent threat of death or serious injury. 

Two complications:

The Aggressor Rule: D may not use deadly force if he is the first aggressor.  But an aggressor may "regain" his right ot use deadly self-defense if

a) the aggressor withdraws from fight and communicates that withdrawal to the other person, or

b) the victim suddenly escalates a non-deadly fight into a deadly fight.

The Retreat Rule:  In some states, D is required to retreat before using deadly force in self defense.

Majority/MPC Rule: Retreat is NOT required.

Common Law Rule: Retreat is required unless

1) D cannot retreat in complete safety, or

2) D is in his home

3) D is defending against a kidnapping, rape, robbery, arson, or burglary.

1) Nondeadly force may be used if necessary to prevent a crime. 

2) Deadly force may only be used to prevent a felony risking human life.

Defense of others: D may use force and deadly force to protect others just the same as he could use it to defend himself.

Defense of property:

1) General Rule: Deadly force may not be used to defend property.

2) Burglary rule: Deadly force may be used to prevent a burglary, if D is inside the home.

Rule: It is a defense if D was forced to commit a crime under a threat of imminent death or serious bodily injury.

Exception: Duress cannot be a defense to homicide.

Entrapment

If the government unfairly tempted D to commit the crime, he may claim entrapment.  This very narrow defense works only if:

1) The criminal design originated with the government, and

2) D was not predisposed to commit the crime.