Elements
Battery
unlawful application of force;
to the person of another;
resulting in either bodily injury or offensive touching.
Embezzlement
of personal property of another;
by a person in lawful possession of that property.
Malice Crimes
Irresistible Impulse Test
Defendant is entitle to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law.
Receipt of Stolen Property
- Receiving possession and control;
- of "stolen" personal property;
- Known to have been obtained in a manner constituting a criminal offense;
- by another person;
- with the intent to permanently deprive the owner of their interest in it.
Common Law Murder States of Mind
Intent to Kill; intent to inflict great bodily injury; reckless indifference to an unjustifiably high risk to human life; or intent to commit a felony
Kidnapping
unlawful confinement of a person that involves either
(1) some movement of the victim; or
(2) concealment of the victim in a "secret" place
General Intent Crimes
Battery; Rape; Kidnapping; False Imprisonment
Arson
- Malicious;
- Burning;
- Of the Dwelling;
- Of another
Robbery
Taking;
Of personal property of another;
From the other's person or presence;
By force or threats of immediate death or physical injury (to the victim, family member, or someone in victim's presence);
With the intent to permanently deprive them of it.
Conspiracy
(1) an agreement between two or more persons;
(2) an intent to enter into the agreement;
(3) an intent by at least two persons to achieve the objective of the agreement
Larceny
Taking (obtaining control);
and carrying away (asportation);
of tangible personal property;
of another with possession;
by trespass;
with intent to permanently deprive that person of their interest in the property.
Strict Liability Crimes
Statutory Rape; Selling liquor to minors; Bigamy (some jurisdictions)
M'Naghten Rule
(1) A disease of the mind;
(2) Caused a defect of reason;
(3) Such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions.
Extortion
Obtaining property by means of threats to do harm or to expose information.
Assault
(1) an attempt to commit a battery; or
(2) the intentional creation --- other than by mere words --- of a reasonable apprehension in the mind of the victim of imminent bodily harm
False Pretenses
Obtaining title;
To personal property of another;
By an intentional false statement of a past or existing fact;
With intent to defraud the other.
Model Penal Code Fault
Purposely; Knowingly; Recklessly; Negligently
Durham Test
Entitled to acquittal if the crime was the product of their mental illness.
Forgery
- Making or altering
- A writing with apparent legal significance
- So that it is false (representing that it is something that it is not)
- With intent to defraud
False Imprisonment
Unlawful confinement;
of a person;
without the person's valid consent.
(MPC - requires substantial interference with victim's liberty)
Victim tricked, by a misrepresentation of facts, into giving up custody or possession of property.
Specific Intent Crimes
ALI / MPC Test
Burglary
- Breaking
- Entering
- Of a dwelling
- Of another
- At nighttime
- With the intent to commit a felony in the structure