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Battery-Common Law/IL/Majority |
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Intentionally or Knowingly causes bodily harm to another OR makes physical contact of an insulting or provoking nature with another (general intent). |
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Malicious burning of dwelling of another (general intent) |
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Knowingly, by means of fire or explosion, damages any real or personal property of another (general intent). |
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Knowingly, by means of fire or explosion, damages any real or personal property w/ intent to defraud an insurer. (specific intent). |
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Unlawful taking of a person form one place to another (asportation) and secretly confining him or her against his or her will. (abduction used to have to take the person out of the country). (General Intent) |
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Knowingly and secretly confining a person against his/her will. (General Intent) |
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A person who is not a peace officer acting in the line of duty commits home invasion when w/out authority he knowingly enters the dwelling of another when he knows or has reason to know that one or more persons is present. |
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Term used in IL to describe Knowingly confining another against his/her will. Called False Imprisonment in the Majority/Common Law Jurisdictions. (General Intent (Intent or Knowledge)) |
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Term used in Majority/CL to describe Knowingly confining another against his/her will. Called Unlawful Restraint in Illinois. (General Intent (Intent or Knowledge)) |
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Statutory Rape-Common Law |
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Male sexual intercourse with a underage female (Strict Liability) |
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Adult sexual activity with a minor (Strict Liability) |
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Forcible Sexual Intercourse by male against the will of a female victim, not his wife (General Intent (intent; knowledge or recklessness) |
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Criminal Sexual Assault-IL/MAJ |
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Non-consensual sexual intercourse, oral copulation, anal copulation, mechanical penetration, or any other "contact" between sex organs of one person and sex organs, mouth or anus of another person. (General Intent; no specified; go to 4/3-b) |
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attempted battery (Specific Intent) |
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Conduct that places another in reasonable apprehension of receiving a battery. (General Intent; no mens rea on its face apply 5/4-3b) |
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Trespassory taking and carrying away of the personal property of another with the intent to steal (permanently deprive rightful owner)(specific intent) |
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Where one, already in possession of a property of another, wrongfully converts such property with the intent to defraud (specific intent) |
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Intimidation/Extortion/Blackmail-CL/IL/Maj |
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Threatens another with the intent to cause him/her to perform an act or omit a performance of an act against his/her will (specific intent) |
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False Pretenses-Common Law |
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Making false representation, with intent to defraud, which causes victim to pass title of his/her property to wrongdoer. (specific intent) * Gold watch for a bad check* |
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Knowingly taking control over another's property w/ intent to permanently depreive rightful owner OR knowing such taking will permanently deprive rightful owner. (General Intent (intent or knowledge) |
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Robbery-Common Law/IL/Majority |
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Taking property from the presence of another by force or threat of force (General Intent (no mens rea on its face; 5/4-3b) * If someone breaks into your house, this is burglary not robbery* |
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Breaking and entering the dwelling of another in the nighttime with the intent to commit a felony or theft (specific intent). |
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Unauthorized entry into the building or structure of another with the intent to commit a felony or theft (specific intent) |
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Bribery-Common Law/Majority |
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Corrupt payment OR receipt of private consideration in exchange for official action (general intent). |
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Making A Bribe-w/ intent to influence a public officer, juror or witness, he/she promises or tenders to such person something that such person is not authorized to accept (specific intent).
Receiving a Bribe-receives, as public officer, juror or witness, something he/she is not authorized to accept that was given to him/her by someone that he/she knows is seeking influence or personal advantage. (general intent) |
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Controlled Substances/Cannabis Prohibitions (Illinois/Majority) |
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1. Knowledgeable "simple" possession (general intent) 2. Knowingly manufactures or delivers (general intent) 3. Possesses w/ intent to deliver or manufacture (specific intent) |
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A person commits stalking when he knowingly and w/out lawful justification on at least 2 occasions follows another.(General Intent (intent or knowledge)) |
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Resisting a peace officer-IL |
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General Intent Crime; Courts are looking for more active resistance than passive resistance
Example of police officer asking you to roll down your window and you don't-this is still affective. |
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In IL a person commits a deceptive practice when, with intent to defraud, he engages in some type of deceptive practice for monetary gain.
Most common example is writing a check you know you can't cover.
Essential difference b/w deceptive practices and theft |
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Either before or during the commission of an offense and w/ the intent to promote such commission, D solicits, aids, abets, agrees or attempts to aid such other person in the planning or commission of an offense. (Specific Intent) |
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Excites and stirs up action or quarrels between people of a state to promote strife and contention. (Wickedly and willfully) |
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