Rule of Lenity... Put it in my favor
What are the elements of common law battery (2)?
(1) Causing.
(2) An offensive touch (even the slightest unlawful touching, if offensive, satisfies the actus reus).
False Imprisonment Elements (3):
(1) Unlawful.
(2) Confinement of a person.
(3) Without valid consent.
What are the elements of Larceny (5)?
(1) The taking.
(2) And carrying away.
(3) Of personal property.
(4) Of another.
(5) With the intent to permanently deprive that person of the property.
What are the Elements of Robbery? (6)
FIRST 5 ARE SAME AS LARCENY
(1) The taking.
(2) And carrying away.
(3) Of personal property.
(4) Of another.
(5) With the intent to permanently deprive that person of the property.
(6) By force or threat.
What are the Elements of Arson? (3)
(1) Maliciously.
(2) Burning (requires damage by charring, not just scorching; accidental burning is not arson).
(3) The dwelling house of another.
What are the elements of Burglary? (5)
(1) Breaking and Entering (does not need to be locked).
(2) Into a dwelling house.
(3) Of Another.
(4) At Nighttime.
(5) With the intent to commit a felony therein.
Elements of a Crime (5)
1.) Actus Reus
2.) Mens Rea
3.) Causation
4.) Attendant Circumstances
5.) Concurrence of the Elements
Aggravated Battery requires that a person, in committing a battery [BLANK] or [BLANK] causes (3):
Intentionally or Knowingly
(#1) Great Bodily Harm
(#2) Permanent Disability
(#3) Disfigurement
COMMON LAW Attempt Elements (2):
(1) Intent to commit the underlying crime.
(2) Act in furtherance.
Larceny By Trick Elements (6)
(1) The taking.
(2) And carrying away (asportation).
(3) Of personal property.
(4) Of another.
(5) With the intent to permanently deprive that owner of the property.
(6) The theft must be accomplished by the Defendant's fraud (or knowingly false statement that induces reliance).
Kidnapping is a felony requiring the confinement of a person that involves EITHER... (2):
(1) Some movement of the victim.
(2) Concealment of the victim in a secret place.
First Degree Murder Can Be Proven in 3 Ways:
(1) Willful, Deliberate, and Premeditated
> Willful = intent to kill
> Deliberate = determining a course of action to kill
> Premeditated = to think of a matter before it is executed
(2) Felony murder as defined by the statute.
(3) Killing by poison or lying in wait.
Second-Degree Murder lacks premeditation and is established by (4):
(1) Any intentional killing other than 1st degree murder.
(2) Intentionally causing seriously bodily injury but where death was not intended.
(3) Felony murder.
(4) Depraved heart murder (an extremely reckless killing that exhibits indifference to human life).
Voluntary Manslaughter Elements (Heat of Passion Murder) (4):
(1) Defendant must kill in the heat of passion.
(2) The passion must be caused by adequate provocation.
(3) There is no time for the defendant to cool off / calm down.
(4) A causal connection exists between the provocation, the passion, and the fatal act.
Involuntary Manslaughter is an unintentional killing established by... (2):
(1) No intent to kill.
(2) Caused by simple negligence (failure to exercise the care an ordinarily prudent person would) or ordinary recklessness.
Felony Murder Doctrines
The death is cause ... (3)... from an inherently dangerous felony.
(1) During the course
(2) During attempt
(3) During flight
Common Law Rape Elements (5)
(1) Force/Threat (Objective).
(2) Against The Will.
(3) Without Consent.
(4) Sexual Intercourse.
(5) General Intent.
False Pretense Elements (4)
(1) Obtaining the title.
(2) To the property of another.
(3) By an intended false statement of a past or existing fact.
(4) With intent to defraud the other.
MPC Conspiracy: Requires that a defendant acts with the purpose of promoting or facilitating a crime and (2/3):
(1) Agrees with another to commit a crime, attempt, or solicitation; OR.
(2) Agrees to aid another in the planning, commission, attempt, or solicitation of the crime.
(3) An overt act is required.
Assault is Established Under TWO theories:
(1) Attempted battery (a swing and a miss).
(2) Threat combined with present ability to carry it out that puts another in a reasonable apprehension of imminent harm.
Inherently Dangerous Felonies for Felony Murder (5):
(1) Burglary
(2) Arson
(3) Robbery
(4) Rape
(5) Kidnapping
(BARRK)
COMMON LAW Conspiracy Elements (2):
(1) An agreement between 2 or more people to commit a criminal act.
(2) The intent to combine with others, and the intent to accomplish the illegal objective.
What are the elements to attempted felony murder (4)?
You thought because there was a number that there were elements?
NAHHHHH THERES NO ATTEMPTED FELONY MURDER
Elements of Embezzlement (5)
(1) The fraudulent.
(2) Conversion.
(3) Of Property (almost always personal).
(4) Of Another.
(5) By a person in lawful possession of that property.
Possession Offenses
To be guilty of a possession crime (such as drug possession), the [BLANK BLANK] element requires the defendant to have [BLANK and BLANK] over the [BLANK].
1.) Actus Reus
2.) Dominion and Control
3.) Item