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12 Cards in this Set

  • Front
  • Back
Larceny: elements
1) taking 2) and carrying away 3) of tangible personal property 4) of another 5) by trespass 6) with intent to permanently deprive
SPECIFIC INTENT
Embezzlement: elements
1) fraudulent 2) conversion 3) of personal property 4) of another 5) by person in lawful posession
SPECIFIC INTENT
False Pretenses: elements
1) title 2) to personal property of another 3) by intentional false statement of past or existing fact 4) with intent to defraud another
SPECIFIC INTENT
Robbery: elements
1) taking 2) of personal property of another 3) from other's person's presence 4) by force or threats of immediate death or physical injury 5) with intent to permanently deprive
SPECIFIC INTENT
Specific Intent Crimes
1) Solicitiation 2) attempt 3) conspiracy 4) first degree premeditated murder 5) assault 6) larceny and robbery 7) burglary 8) forgery 9) false pretenses 10) embezzlement
Malice Crimes
Common law murder and arson
reckless disregard of an obvious high risk that particular harmful result wil occur (less restrictive than specific intent)
Defenses available for specific intent crimes (involuntary intoxication) do not apply
General Intent
D is aware 1) he is acting in proscribed way 2) attendant circumstances exist or highly likely
Transfered Intent Crimes
Homicide, battery, arson
D is guilty of two crimes: crime against actual victim and intended victim
Strict Liability Offenses
selling liquor to minors, statutory rape, bigamy, highly regulated industry
Mistake of fact defense not available
Solicitation: elements
inciting, counseling, advising, urging, or commanding another to commit a crime with intent that person solicited commit the crime; not necessary that person respond affirmatively
Conspiracy: elements
1) agreement 2) intent to enter into agreement 3) intent to achieve the objective of the agreement
Majority of states req an over act, but mere preparation will suffice
*most tested inchoate crime
SPECIFIC INTENT
Attempt: elements
An act, done with intent to commit a crime, that falls short of completing the crime.
*no attempted negligent homicide
SPECIFIC INTENT