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Criminal Law
Elements of Crimes
22
Law
Professional
07/19/2011

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Cards

Term
Battery
Definition
Unlawful
Application of Force to Another
Resulting in either
a. Bodily injury, or
b. Offensive touching
Mental State: General Intent
Term
Assault
Definition
Intentional creation
Other than by mere words
Of a reasonable fear in the mind of the victim
Of imminent bodily harm
Mental State: Specific Intent
Term
Murder
Definition
Causing the death
Of another person
With malice aforethought
Term
First Degree Murder
Definition
Any killing with
a. Premeditation and deliberation, or
b. Felony murder if the qualifying felonies are enumerated
Term
Felony Murder
Definition
Any killing
Caused during the
a. commission of, or
b. attempt to
Commit a felony
Term
Voluntary Manslaughter
Definition
An intentional killing
Committed in the heat of passion
After adequate provocation
Term
Involuntary Manslaughter
Definition
A killing committed with criminal negligence, or
A killing that was committed during a crime that does not qualify for felony murder
Term
False Imprisonment
Definition
The unlawful
Confinement of a person
Without his consent
Mental State: General Intent
Term
Kidnapping
Definition
False imprisonment
That involves either
a. Moving the victim, or
b. Concealing the victim in a secret place
Mental State: General Intent
Term
Forcible Rape
Definition
Sexual Intercourse
Without the victim's consent
Accomplished
a. by force, or
b. by threat of force, or
c. when the victim is unconscious
Mental state: General Intent
Term
Statutory Rape
Definition
Sexual intercourse
With someone under the age of consent
Mental state:
a. Majority: Strict liability
b. MPC/Minority: A reasonable mistake of age is a defense
Term
Larceny
Definition
Trespassory taking and carrying away the
Tangible personal property of another, with the
Intent to
Permanently retain the property
Term
Embezzlement
Definition
Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defarud
Term
False Pretenses
Definition
Obtaining the title to the personal property of another by an intentional false statement
Intent to defraud
Term
Larceny by Trick
Definition
If the defendant obtains custody (not title) as a result of the intentional false statement
Term
Robbery
Definition
A larceny
From another person or presence
By force or threat of immediate injury
Mental state: Specific Intent to Steal
Term
Forgery
Definition
Making or altering a writing
So that it is false
Mental state: Intent to Defraud
Term
Burglary
Definition
Breaking and entering
The dwelling of another
At night
With the intent to commit a felony inside
Term
Arson
Definition
Malicious burning of
A building
Mental state: Malice
Term
Solicitation
Definition
Asking someone to commit a crime with the intent that the crime be committed
Mental state: Specific Intent
Term
Conspiracy
Definition
An agreement between
Two or more people
To commit a crime, plus
An overt act in furtherance of the crime
Mental state: Specific intent
Term
Attempt
Definition
Overt act beyond mere preparation
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