Term
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Definition
5th degree: intent that another person commits a crime; soliciting, requesting, causing, or attempting to cause another person to engage in criminal conduct
4th degree: (1) conduct urged is felony, or (2) solicitor is 18+ and person solicited is under 16
3rd degree: solicitor is 18+, person solicited is under 16, AND conduct urged is felony
2nd degree: conduct urged is Class A felony
1st degree: solicitor is 18+, person solicited is under 16, and conduct urged is Class A felony |
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Term
| Withdrawal as defense to solicitation |
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Definition
Solicitor must:
1. Voluntarily and completely renounce
2. Prevent commission of the object crime
(Also available as a defense to conspiracy) |
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Term
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Definition
6th/5th degree: same as 5th/4th degree solicitation
4th degree: (1) conduct urged is Class B or C felony; or (2) ∆ is 18+ and co-conspirator is under 16 AND conduct urged is a felony
3rd degree: ∆ is 18+, co-conspirator is under 16, and conduct urged is Class B or C felony
2nd degree: conduct urged is Class A felony
1st degree: ∆ is 18+, co-conspirator is under 16, and conduct urged is Class A felony
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Term
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Definition
Intentional murder + special circumstances
1. V was police officer, judge, or witness / killing committed to intimidate witness
2. Murder for hire
3. V intentionally killed during BRAKES
4. Torture murder
5. Killed more than one person in same criminal transaction
6. Serial murder
and more! |
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Term
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Definition
1. Intentional murder w/o special circumstances
2. Highly reckless murder
3. Felony murder, unintentional, committed during BRAKES |
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Term
| Definition of highly reckless murder? |
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Definition
W/ depraved indifference to human life, ∆ recklessly engages in conduct that creates a grave risk of death to another person, thereby causing the death of the person.
Force directed at the person but not intended to kill is enough for conviction. |
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Term
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Definition
Affirmative defense to felony murder:
1. Did not commit or aid in the killing
2. Not armed w/ deadly weapon or substance
3. No reasonable grounds to believe others were armed w/ deadly weapons or substances
4. No reason to believe any participant intended to engage in conduct likely to result in death
*Still liable for underlying felony |
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Term
| First degree manslaughter |
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Definition
1. Intentionally causing serious bodily harm that results in death
2. Extreme emotional disturbance (heat of passion) - this is an affirmative defense that reduces murder to manslaughter
3. Unjustifiable abortional act - performs abortional act on woman more than 24 wks pregnant and woman dies as a result |
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Term
| Second degree manslaughter |
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Definition
1. Reckless killing: conscious disregard of a substantial risk causing the death of another person.
* Intoxication NOT a defense
2. Abortional act: committing an abortional act on a woman causing her death, not justified by statute.
3. Aiding in suicide if ∆ used duress or deception |
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Term
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Definition
2nd degree: abducting someone
1st degree: abducting someone + aggravating circumstances
Aggravating factors: ransom, restraint for more than 12 hours + intent to inflict physical injury or sexual abuse or terrorism, victim dies |
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Term
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Definition
First degree: sexual intercourse w/:
1. Someone less than 11 years old
2. Someone who is physically helpless
3. By forcible compulsion
4. Someone less than 13 years old if ∆ is 18+ |
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Term
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Definition
| Includes: embezzlement, writing a bad check, false pretenses, larceny by trespassory taking, larceny by trick |
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Term
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Definition
Class A misdemeanor: any larceny
4th degree: property worth over $1000
3rd degree: property worth over $3000
2nd degree: property worth over $50k OR extortion OR ∆ is public servant abusing power
1st degree: over $1mil |
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Term
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Definition
| larceny + criminal mischief, attempted assault, or assault |
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Term
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Definition
Larceny +:
1. ∆ causes nonparticipant serious physical injury OR
2. ∆ is armed or threatens use of a dangerous instrument or displays a firearm
DEFENSE if the firearm displayed is not loaded, reduces crime to second degree robbery |
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Term
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Definition
Larceny +:
1. ∆ is aided by another who is actually present
2. ∆ or participant physically injures a non-participant
3. Threat of immediate use of physical force (e.g., display of weapon)
4. Carjacking |
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Term
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Definition
| Forcibly stealing property |
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Term
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Definition
1. Knowingly entering or remaining unlawfully
2. In a building
3. With intent to commit a crime therein |
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Term
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Definition
3rd degree +
1. Building is a dwelling, OR
2. ∆ injures a non-participant, OR
3. ∆ is armed |
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Term
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Definition
| 2nd degree burglary + building is a dwelling |
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Term
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Definition
1. Intentionally damaging a building or vehicle
2. By intentionally starting a fire or causing an explosion
Affirmative defense if:
1. All persons w/ interests in the property consented
2. ∆'s intent was to cause damage for a lawful purpose, AND
3. ∆ had no reasonable ground to fear for the safety of another person or building or motor vehicle |
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Term
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Definition
1. Intentionally damaging a building or motor vehicle
2. By intentionally starting a fire
3. W/ knowledge or a reasonable possibility that a non-participant is in the building or car (need not actually be injured) |
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Term
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Definition
1. Intentionally damaging a building or motor vehicle
2. By intentionally causing a fire or explosion by incendiary or explosive device
3. W/ knowledge or a reasonable possibility that a non-participant is in the building or car (need not actually be injured) |
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Term
| Use of non-deadly force in self-defense |
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Definition
∆ can use as much physical force as she believes is reasonably necessary to defend herself or another from the use or imminent use of unlawful force.
Exceptions:
1. ∆ provoked the other w/ intent to cause physical injury
2. ∆ was the initial aggressor
3. Force was pursuant to a unlawful combat agreement |
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Term
| Use of deadly force in self-defense |
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Definition
Can't use deadly force if you can safely retreat
Exceptions to requirement of retreat:
1. ∆ is in her dwelling and is not the initial aggressor
2. ∆ is a peace officer or acting under a peace officer's direction
3. ∆ believes the other person is committing or attempting burglary, robbery, kidnapping, or forcible sexual assault |
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Term
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Definition
Intentionally causing physical injury (physical impairment or substantial pain) to another person
3rd degree: ordinary physical injury
2nd degree: serious physical injury (permanent or life-threatening)
1st degree: 2nd degree + weapon |
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Term
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Definition
NY equivalent to MBE assault
Creating reasonable apprehension in another of imminent bodily harm ≠ attempted assault b/c attempt requires specific intent to commit the underlying crime |
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