Inchoate Crimes
what is the definition of inchoate crime
something that is not fully done or realized
what are the elements of battery
1. a harmful or offensive
2. application of force against the person of another
3. committed either intentionally or at least with criminal negligence
4. that is unlawful
what are the elements of larceny
1. wrongful taking and
2. carrying away of
3. personal property of
4. another with the
5. intent to permanently deprive the owner of it
what is self-defense
a necessary and reasonable force used against an unlawful force in the face of an imminent harm as a result of a reasonable and actual fear
what are the elements of conspiracy
1. an agreement
2. with a communion of understanding
3. to commit a crime
4. to which the defendant intended to agree
5. with the further intent that the object of the agreement be achieved
what are the elements of assault - intent to frighten
1. intentionally
2. causing the victim to reasonably expect
3. an imminent battery
4. by more than words
what are the elements of arson
1. malicious
2. burning of the
3. dwelling of
4. another
what are the three types of involuntary intoxication
- the defendant does not know the intoxicating qualities of the substance consumed
- coerced intoxication
- pathological intoxication
what is criminal attempt
an intentional act that crosses the line from preparation to perpetration with the intent of committing the crime
what are the 3 aggravating factors for burglary/assault
- an especially vulnerable victim (elderly eprson, child, police officer)
- use of a deadly weapon
- the actual infliction of bodily harm or worse
what are the elements of burglary
1. breaking and
3. entering
3. a dwelling
4. at night
5. with the intent to commit a felony or larceny therein
under the M'Naghten test, a person is insane who, as a result of a mental disease or defect, fails to either
- know the nature and quality of his act, OR
- know the difference between right and wrong
what are the elements of accomplice liability
an accomplice is one who:
1. even slightly assists or encourages
2. another in the commission of a crime
3. with the intent to assist or encourage AND
4. with the intent that the crime assisted or encouraged is committed
what are the recognized privileges that make confinement lawful in false imprisonment
- law enforcement authority
- shopkeeper's privilege
- parental authority
- citizen's arrest
what are the elements of embezzlement
1. conversion of the
2. personal property of another
3. by one in lawful possession
4. with the intent to defraud
what are the elements of necessity
- def faces an immediate danger that presents a greater evil that the lesser evil of the crime he is committing
- the crime must be the most reasonable way of averting the greater evil
- def must have clean hands, meaning that the def neither created the emergency nor way otherwise at fault
what are the elements of solicitation
asking, inviting, requesting, commanding or encouraging another to seriously commit a crime with the intent that the person do so; must include specific details of the crime
in assault, what are the two components that must both be satisfied under causing a victim to reasonably expect
- subjective - victim must actually experience apprehension
- objective - the apprehension must be reasonable
what are the elements of obtaining by false pretenses
1. obtaining title to the property
2. of another person
3. through the reliance of that person
4. on a known false representation or material past or present fact, and
5. the representation is made with the intent to defraud
what are the elements of duress
- a threat to kill or seriously injury def or a third party unless def commits the crime
- def reasonably believed that the threat would be carried out if he did not commit the crime
- the threat coerced def to commit the crime
- the threat was of an imminent harm
- no reasonable alternative existed
- def has clean hands