Inchoate Crimes
Solicitation (culpable conduct, mental state, overt act required?)
- solicitation of another to commit a crime
- specific intent that the person solicited will commit the crime
- no overt act required
Larceny (activity, method, intent, status of title)
- taking and asportation (moving?) of property from possession of another person
- without consent or with consent obtained by fraud
- with intent to permanently deprive the owner of the property
- possession, not title passes
First Degree Murder
Killings with deliberation and premeditation
Battery
Unlawful application of force to another resulting in bodily injury or offensive touching
Define the Parties to the Crime (principal, accomplice, and accessory after the fact)
Principal: person who with the requisite mental state actually engages in the act or omission that causes the criminal act
Accomplice:person who aids, advises, or encourages the principal in the commission of a crime
Accessory after the fact: person who helps another excape after committing a crime
Conspiracy (culpable conduct, mental state, overt act required?)
- agreement between two or more people to commit a crime
- specific intent to enter into agreement and achieve objective (common law requires 2+ people agree and intend the objective, MPC only requires 1)
- MPC requires an act in furtherance of conspiracy
- Common law does not require an overt act
Embezzlement (activity, method, intent, status of title)
- conversation of property held pursuant to a trust agreement
- use of property in a way inconsistent with terms of trust
- with intent to defraud
- possession, not title passes
Second Degree Murder
- depraved heart killings OR
- murder lacking specific facts to raise it to first degree murder
Assault
1) attempt to commit battery; or
2) intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
Elements of Accomplice Liability
1) intentionally aid, counsel, or encourage the crime
2) if recklessness or negligence required, accomplice must intend to facilitate commission and act with recklessness or negligence
Attempt (culpable conduct, mental state, overt act required?)
- performance of an act that would be a crime if successful
- specific intent to commit the particular crime attempted
- MPC requires a substantial step
- Common law requires an act dangerously close to success
False Pretenses (activity, method, intent, status of title)
- obtaining title to property
- by consent induced by fraudulent misrepresentation
- with intent to defraud
- title passes
Felony Murder (definition and extent of liability)
- foreseeable killings that occur in the commission of a different felony
- deaths caused while fleeing from a felony are felony murder, but deaths that arise after defendant has found some point of temporary safety aren't
- defendant isn't liable for felony murder for the death of a co-felon as a result of resistance by the victim or the police
Burglary (common law and modern changes)
Common Law: a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure
Modern Changes: dwelling and nighttime elements have been eliminated
Kidnapping
Unlawful confinement of a person without their valid consent AND some movement or concealment of a victim in a secret place
Malice Aforethought
1) there are no facts reducing the killing to voluntary manslaughter or excusing it AND
2) it was committed with one of the following states of mind
- intent to kill
- intent to do serious bodily harm
- reckless indifference to unjustifiably high risk to human life
- felony murder
Robbery (activity, method, intent, status of title)
- taking property from another's presence
- by force or threat of force
- with intent to permanently deprive the owner of their property
- possession, not title passes
Voluntary Manslaughter
1) adequate provocation
2) gave rise to the heat of passion
3) no adequate cooling-off period
4) defendant actually did not cool off
Arson
Malicious burning of the dwelling of another
Receipt of Stolen Property
Receiving possession and control of stolen personal property known to have been obtained illegally by another person with the intent to permanently deprive the owner of their interest in the property
General Rule on Causation Analysis for Homicide
Defendant is liable for all natural and probable consequences of their conduct unless the chain of causation is broken by the intervention of some superseding factor
(act that hastens an inevitable result is still the legal cause of the result)
MPC Recklessly
1) conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow AND
2) the disregard is a gross deviation from a "reasonable person" standard of care
Involuntary Manslaughter
1) killing resulting from criminal negligence OR
2) misdemeanor manslaughter
False Imprisonment
Unlawful confinement of a person without their valid consent
Superseding Factors that Break the Chain of Causation
- acts of nature or coincidence
- gross negligence in medical care or intentional malpractice