Chapter 2: Actus Reus
This is also known as the criminal act.
Actus Reus
This classification of crime has a general intent.
A general intent crime
According to the common law definition, it took this long for someone to die for the crime to be considered murder.
One year and one day.
If someone attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person, this is considered this.
Simple Assault
"The malicious and willful burning of a house or outhouses of another man" is the definition of this crime according to common law.
Arson
A status or condition crime violets this amendment in the U.S. Constitution.
The 14th Amendment
This is also known as the criminal intent.
Mens Rea
If you commit or try to commit a felony, and someone dies, it falls under this.
The felony murder rule.
When someone assaults another with intent to commit bodily injury which results in serious bodily injury, it is considered this crime in SD.
Aggravated Assault
In SD, if you break into someone's house and steal money from the person in the house during the day, it is considered this.
Robbery
This type of actus reus is when you fail to act when you have a legal duty to do so.
Omission
Mens Rea can be proven by these types of evidence in court.
Direct and circumstantial
SDCL 22-26-7 is the law for this crime.
Murder in the 2nd degree.
If you are charged with simple assault in SD, this is the statute that you will be charged with.
SDCL 22-18-1
This is the SDCL for 1st degree burglary.
SDCL 22-32-1
If someone is charges with a DUI, they may state that this happened even though this is not a defense to to a court case.
Voluntary unconsciousness
Generally, intent can be transferred within the same crime. This is called:
The Rule of Transfer
This is when you do something on purpose, but is different than premeditation.
Malice Aforethought
According to the book, this crime is when a person unlawfully uses a force of violence and makes contact with the victim.
Battery
According to SDCL 37-24-52, this is the crime you commit when knowingly commits an organized retail crime.
Organized Retail Crime/Shoplifting
Duty arising from creating peril is considered this.
A legal duty making omission an act.
A public welfare or regulatory crime is also known as this.
Strict liability crimes
If someone told their dog to bite you, and the injuries were bad enough that it caused your death, it would be considered this.
Implied Malice
According to common law, this crime occurs when someone violently deprives another of the use of such members and may render him less-able in fighting, defending himself, or by annoying his adversary.
Mayhem
SDCL 22-33-9.3, Reckless burning or exploding, states that if any person who intentionally starts a fire or causes an explosion, whether on his or her own property or another's, and thereby recklessly places another person in danger of death or serious bodily injury, are guilty of this class of crime.
Class 4 felony