Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
90 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
TPC 6.01
|
Requirement of a Voluntary Act or Omission
State v. Flinchpaugh: possession once in bloodstream? No. |
(a) conduct = act, omission, or possession.
(b) possession voluntary if possessor KNOWINGLY obtains/receives thing or is AWARE OF HIS CONTROL long enough for him to terminate his control. (c) omission an offense only if law says so or law creates a duty otherwise. |
|
|
MPC 2.01
|
Requirement of Voluntary Act or Omission
Robinson v. California: Is it cruel and unusual punishment to punish someone for being addicted to drugs? No. |
(1) liability based on conduct (voluntary act or omission).
(2) voluntary acts are not reflex, convulsion, sleep-action, hypnosis, bodily movement not a product of the effort or consciousness of actor. (3) possession is an act if object knowingly procured or actor had enough time to terminate possession. |
|
|
TPC 31.03
|
Consolidated Theft
|
-Unlawfully appropriates property with intent to deprive (Appropriation is unlawful if it is without the owner's effective consent).
-See 31.01 for definitions (appropriate, effective consent, property, deprive) |
|
|
MPC 223
|
Consolidated Theft
|
223.0 - Definitions
223.1 - Consolidation of Thefts (a) theft = 3rd degree felony if over $500 or firearm, automobile, airplane, motorcycle, boat OR receiver of stolen property is in biz of buying and selling stolen prop (b) theft not in (a) is misd. (less then 50 is petty misd) (c) the amount is the highest value by a reasonable standard (3) claim of right is an AFFIRMATIVE DEFENSE: actor unaware that property was another's, acted under HONEST claim of right, took property BELIEVING owner would have consented (4) theft from spouse is no defense |
|
|
CL Larceny
|
-Trespassory
-Taking -Carrying away / Asportation -Tangible Personal Property -With intent to permanently deprive |
Welch v. Commonwealth: attempting to steal stuff from Lowe's but never gets off the property is enough when evidence of intent is present.
|
|
|
MPC Theft by Unlawful Taking or Disposition
|
223.2
|
(1) unlawfully takes, or exercises unlawful control over, movable property of another
(2) unlawfully transfers immovable property with purpose to benefit himself or another not entitled thereto |
|
|
CL Larceny by False Pretenses
|
-obtain possession and title
-tangible personal property of another -based upon reliance by owner -upon your knowing misrepresentation of a material fact -with intent to defraud |
Commonwealth v. Reske: selling multiple cars to a retarded man
|
|
|
MPC Theft by Deception
|
223.3
|
purposely obtains property of another by deception
(1) creates false impression as to law, value, intention or other state of mind (not about intent to perform a promise to pay) (3) fails to correct a false impression that is known to be influencing another (4) fails to disclose a known lien deceive does not include falsity as to matter having no pecuniary significance (aka puffery) |
|
|
CL Embezzlement
|
NOT A CRIME AT EARLY CL!
-obtains lawful possession -via a trust relationship -of tangible personal property of another -fraudulently -convert to own use |
Commonwealth v. Moreton: auctioneer sold someone's tuna at market and didn't pay them back bc the auctioneer was bankrupt - not extortion when promise to pay.
|
|
|
CL Robbery
|
-larceny
-from person or in presence of victims -by force or threat of imminent use of force |
State v. Preston
|
|
|
TPC 29.02
|
Robbery
|
(a) in course of theft and with INTENT to obtain/maintain control of property
(1) I, K, R bodily injury (2) I OR K threats / puts another in fear of imminent bodily injury / death (b) 2nd degree felony |
|
|
MPC 222.1
|
Robbery
|
(1) in course of theft
(a) sbi (b) threatens or makes another fear immediate sbi (c) commits or threatens immediate felony of 1st or 2nd degree in the course of committing theft = in an attempt to commit or in flight after attempt (2) 2nd degree felony except 1st degree when actor attempts to kill or purposely inflicts / attempts to inflict sbi |
|
|
CL Extortion
|
-maliciously
-threaten to accuse/injure -with intent to extort or to compel victim to act against will |
State v. Harrington: attorney hires a prostitute to blackmail his client's husband for divorce - yes extortion bc the lawyer was threatening the husband.
|
|
|
MPC 223.4
|
Theft by Extortion
|
purposely obtains property of another by:
(1) bodily injury / criminal offense (2) accuse someone of criminal offense (3) expose a secret that will make someone hated (4) take or withhold action as an official (5) bring about or continue to strike (6) testify to provide information (or withhold testimony or information) (7) inflict harm it is an AFFIRMATIVE DEFENSE (to 2, 3, or 4) that property was honestly claimed |
|
|
CL Burglary
|
-breaking
-entering -dwelling -of another -at night -with intent to commit a felony therein |
People v. Sparks: a magazine seller is invited into home and after talking for a bit/not leaving he follows woman into her room and rapes her - yes burglary bc he entered into a separate part of the house uninvited and with intent to rape.
|
|
|
TPC 30.02
|
Burglary
|
(a) w/o consent of owner
(1) enters habitation or building / portion of building with intent to commit felony (2) remains concealed with intent to commit felony (3) enters building and commits or attempts felony, theft, assault (b) enter = intrude any part of body or physical object connected to body (c) state jail felony if building, 2nd degree felony if habitation (d) 1st degree felony if habitation AND intent/attempt to commit felony other than theft |
|
|
MPC 221
|
Burglary
|
221.0 - definitions
221.1 - burglary (1) enters building or occupied structure w/purpose to commit crime, unless premises open to public or licensed to enter. AFFIRMATIVE DEFENSE = bldg. was abandoned (2) 2nd degree felony if a dwelling at night or P, K, OR R attempts/inflicts bodily injury; or armed with explosives/deadly weapon -otherwise 3rd degree felony. in the course = attempt or in flight (3) can't be convicted for burglary and the felony inside unless that additional felony is 1st or 2nd degree |
|
|
CL Battery
|
-unlawful
-application of force -to another -causing injury / offensive touching |
|
|
|
CL Assault
|
-attempted battery where one has the present ability to commit the battery
-intentionally placing another in fear by action that does cause a reasonable fear of bodily injury *apprehension must be reasonable |
US v. McKinney: two woman have a confrontation and one starts heading for her car (she has previously tried to run the other over) - because of previous altercation it was reasonable for victim to have an immediate fear of batter.
|
|
|
TPC 22.01
|
Assault
|
(1) I, K, OR R causes bodily injury
(2) I OR K threatens with imminent bodily injury (3) I OR K causes physical contact when defendant knows or reasonably should believe contact will be offensive/provocative ...see further for many details on grading. |
|
|
CL Kidnapping (traditional)
|
-forcible asportation
-of a person -from his country to another |
State v. Dixon: man meets a woman on the street then drags her to a nearby alley and rapes her - found kidnapping not to be incidental to the crime of rape and therefore defendant guilty of both.
|
|
|
CL Kidnapping (modern)
|
-unlawful
-abduction or secret confinement -of another person -with intent to get ransom / benefit (majority) -with intent to facilitate a felony (minority) |
|
|
|
MPC 212.1
|
Kidnapping
|
unlawfully removes another from his place of biz or residence, or a substantial distance from the vicinity where found, or unlawfully confines for substantial period in place of isolation, with any of these purposes:
(a) ransom or as shield / hostage (b) facilitate commission of felony or flight thereafter (c) bodily injury or terrorize (d) interfere w/governmental function |
|
|
TPC 20.03
|
Kidnapping
|
(a) I OR K abducts
(b) AFFIRMATIVE DEFENSE (1) not with intent to use / threaten deadly force (2) actor was relative of abductee (3) actor's intent was to assume lawful control of victim (c) 3rd degree felony |
|
|
CL General Intent
|
mens rea directed at non-mental element of the crime
ex: modern day rape - intent attaches to "without consent" which is a non-mental element of the offense. |
Ex Parte Washington
|
|
|
CL Specific Intent
|
mens rea concerning matter which is not an element of the offense
ex: burglary - intent to commit a felony inside, but do not have to prove that felony was committed |
Lambert v. California: failure to follow registration laws in CA was ok because there was not enough notice (ignorance of the law).
Ratzlaff v. US: ignorance of the antistructuring laws was no excuse bc defendant should have known that what he was doing was wrong and against the law. |
|
|
TPC 6.02
|
Requirement of Culpability
|
(a) except for under (b), no offense unless i, k, r, or n
(b) if definition of offense doesn't say m/r, a m/r is still required unless section plainly dispenses with any mental element (c) i, k, r, n is sufficient for mental state when not stated but still required (e) proof of higher culpability that required proves the lower |
|
|
TPC 6.03
|
Definitions of Culpable Mental States
|
(a) i - conscious objective or desire to engage in the conduct or cause the result
(b) k - aware of the nature of conduct and circumstances. aware that the conduct is is REASONABLY certain to cause the result. (c) r - AWARE OF BUT CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk that circumstances exist and a result will occur. risk must be gross deviation from standard of care that an ordinary person would exercise under all the circumstances AS VIEWED FROM THE ACTOR'S STANDPOINT. (d) n - OUGHT TO BE AWARE of a substantial and unjustifiable risk. risk must be such that failure to perceive it is gross deviation from standard of care that an ordinary person would exercise as viewed from the actor's standpoint. |
|
|
MPC 2.02
|
General Requirement of Culpability
|
(1) not guilty unless p, k, r, or n
(2) kinds of culpability: (a) purposely - nature of conduct / result = conscious object to engage in conduct / cause result. attendant circumstances = aware of existence of circumstances / believes or hopes they exist. (b) knowingly - nature of conduct / attendant circumstances = aware that conduct and circumstances exist. result of conduct = aware that it is practically certain that his conduct will cause the result. (c) recklessly. consciously disregards a substantial and unjustifiable risk. risk is gross deviation from law-abiding standard of conduct (according to nature and purpose of actor's conduct and CIRCUMSTANCES KNOWN TO HIM). (d) negligently. should be aware of a substantial and unjustifiable risk that material elements exists or will result. gross deviation from standard of care (considering nature and purpose of conduct and the circumstances known to him). (3) when not provided, p, k, r, n sufficient (4) when m/r provided, applies to all elements unless otherwise provided (5) proof of higher m/r proves lower as well (6) purpose established when purpose is conditional (7) k established when person aware with high probability, unless believes it does not exist (9) k, r, or n as to existence of offense / element of offense is not required unless expressly stated (10) grade is lowest for which culpability is established |
|
|
MPC 1.12
|
Proof Beyond a Reasonable Doubt
*Winship Codified* |
(1) each element BRD, in the absence of proof innocence is assumed
(2) (1) does not: (a) require disproof of affirmative defenses unless there is evidence supporting them (b) apply to any defense the defendant must prove by POE (3) affirmative defense when (a) it is in that code section (b) a statute so provides (c) matter of excuse or justification within knowledge of defendant that he can be fairly made to produce evidence for |
|
|
TPC 2.01
|
Proof Beyond a Reasonable Doubt
*Winship Codified* |
presumed to be innocent, each element of offense proved BRD. having been arrested, confined, indicted for, or charged with crime gives no rise to inference of guilt
|
|
|
CL Mistake of Fact
|
Specific Intent: Need good faith MOF.
General Intent: Need reasonable MOF. |
|
|
|
TPC 8.02
|
Mistake of Fact
|
(a) MOF is a defense if mistaken belief was REASONABLE and negated required culpability
(b) may still be convicted if any LIO's were proved by facts he believed. |
|
|
MPC 2.04
|
Ignorance or Mistake (Mistake of Fact and/or Law)
|
(1) a defense if..
(a) negates m/r required to establish material element of offense (b) law provides that m/r established by mistake is a defense (2) defense not available if defendant would be guilty of another defense had the situation been as he supposed, but it will lower to grade of the offense |
|
|
TPC 8.03
|
Mistake of Law
|
(a) ignorance of law is no defense
(b) it is an affirmative defense that actor REASONABLY believed that conduct was not a crime bc he relied on... (1) official statement of law from written order / grant from administrative agency (2) written interpretation in court opinion or made by public official (c) he may be convicted of the LIO of which he would be guilty if the law were as he believed |
|
|
CL Intoxication
|
-only a defense to specific intent crimes
-New CL Rule: intoxication is considered in determining whether a defendant was capable of forming the specific intent necessary to commit the crime |
|
|
|
TPC 8.04
|
Voluntary Intoxication - TXP silent on Involuntary Intoxication
|
(a) VI not a defense
(b) evidence of temporary insanity from intoxication may be introduced for mitigation of penalty (c) jury instruction on defense follow this section (d) intoxication means disturbance of capacity from any substance |
|
|
MPC 2.08
|
Intoxication (Voluntary and Involuntary)
|
(1) not a defense unless it negatives an element of offense
(2) when recklessness is element, unawareness of risk bc of intoxication is immaterial (3) intoxication does not = mental illness (4) involuntary intoxication is an AFFIRMATIVE DEFENSE if it because of it the actor lacked substantial capacity to appreciate wrongfulness or conform to law (5) definitions: intoxication, self-induced intoxication, pathological intox. |
|
|
CL Rape
|
-unlawful
-carnal knowledge -of a woman -without consent -American addition: By force. |
|
|
|
TPC 22.011
|
Sexual Assault
|
(1) i or k
(a) causes penetration of sex organ / anus without consent (b) causes penetration of mouth without consent (c) causes other persons sex organ to contact another (2) i or k (a-e) causes something bad with a child (b) it's without consent if (list of 10 instances) (c) definitions (d) defense: conduct consisted of medical care for a child (e) affirmative defense: (1) spouse (see statute for more elaborate details of other affirmative defenses) |
|
|
TPC 22.021
|
Aggravated Assault
|
(a) assault under 22.01 plus sbi or uses deadly weapon
|
|
|
TPC 21.11
|
Indecency with a Child
|
(a) child under 17 (same or dif sex)
(1) sexual contact (2) intent to arouse or gratify sexual desire (b) affirmative defense... (1) not more than 3 years older (2) did not use duress or force (3) not a sex-offender |
|
|
CL Homicide
|
-killing
-human being -with malice aforethought |
|
|
|
MPC 210.1
|
Criminal Homicide
|
(1) p, k, r, n causes death
(2) includes murder, manslaughter, or neg. homicide |
|
|
TPC 19.02
|
Murder
|
(b) offense...
(1) i or k causes death (2) intends sbi and commits act clearly dangerous to human life that causes death (3) commits / attempts a felony and in furtherance of commission / attempt or in immediate flight he commits / attempts and act clearly dangerous to human life that causes death (c) 1st degree felony (d) at punishing stage, defendant may assert immediate influence of passion arising from adequate cause, if proven then 2nd degree felony adequate cause = cause that would COMMONLY produce an intense emotion sufficient to render mind incapable of cool reflection sudden passion = passion directly caused by the individual killed or one acting with them that arises at time of offense (not result of former provocation) |
|
|
TPC 19.03
|
Capital Murder
|
list of examples of what constitutes the offense
|
|
|
TPC 19.04
|
Manslaughter
|
(a) recklessly causes death
(b) 2nd degree felony |
|
|
TPC 19.05
|
Criminally Negligent Homicide
|
(a) causes death of an individual by criminal neg
(b) state jail felony |
|
|
MPC 210.2(1)(b)
|
Depraved Heart Murder
|
(1)(b) committed recklessly under circumstances manifesting extreme indifference to the value of human life. recklessness and indifference are presumed if during commission / attempt or flight from various felonies.
|
|
|
CL Voluntary Manslaughter
|
-unlawful
-homicide -without malice aforethought / in the heat of passion |
|
|
|
CL Involuntary Manslaughter
|
-killing in the course of unlawful act (misd.)
-killing in course of lawful act carried out in an unlawful manner or without due caution |
Comber (p. 498)
|
|
|
CL Felony Murder
|
-causing death of a human being
-any act -in the course of a felony |
|
|
|
TPC 19.02(b)(3)
|
Felony Murder
|
commits or attempts to commit a felony, other than mansluaghter, and in the course of AND IN FURTHERANCE OF THE COMMISSION OR ATTEMPT, or in immediate flight from, he commits or attempts an act clearly dangerous to human life that causes death.
|
|
|
MPC 210.2(1)(b)
|
Felony Murder
|
in an attempt to commit of flight after committing robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping, or felonious escape.
|
|
|
CL Necessity
|
-imminent danger from natural forces (not other people)
-harm resulting from violating law is less than harm if defendant had complied with the law -no legal alternative -no clear legislative choice abandoning such defense -defendant has clean hands |
(1) subject to 3.09, justifiable when ACTOR BELIEVES it is immed. necess...
(a) to prevent or terminate unlawful entry or taking of property actor believes to be with another person (b) to re-enter land or take back property the actor believes was unlawfully taken and provided that... (i) force used immed. or on fresh pursuit of taking (ii) actor believes taker has no claim of right and actor believes circs. are of such urgency that he must act to avoid exceptional hardship (2) possession defintions (3) limitations... (a) actor must first ask person to stop unless (i) that would be useless (ii) it would be dangerous (iii) property will be substantially harmed (b) use of force to stop trespass no ok if acts knows it will expose trespasser to substantial danger of SBI (c) can't resist the one justifiably re-entering their land or taking back their prop (d) deadly force not justifiable unless actor believes (i) person is trying to take his dwelling w/o claim of right (ii) peson is attempting arson, burg., robbery or other felonious theft and has used deadly force or the use of less than deadly force would expose actor to danger ofSBI |
|
|
MPC 3.02
|
Justification Generally; Choice of Evils
|
(1) conduct THE ACTOR BELIEVES TO BE NECESSARY to avoid harm to himself or another justifiable when...
(a) harm is greater than that sought to be prevented by the law defining the offense charged, AND (b) the code or other law does not provide exceptions or defenses regarding the specific situation, AND (c) legis. purpose to exclude justification does not appear (2) when actor r or n in bringing about situation, justification of necessity is unavailable for a r or n offense. |
|
|
TPC 9.22
|
Necessity
|
(1) actor REASONABLY believes his conduct is immed. necess. to avoid imminent harm
(2) desirability / urgency of avoiding the harm outweighs harm sought to be prevented by the law proscribing the conduct - ACCORDING TO ORDINARY STANDARDS OF REASONABLENESS (3) legis. purpose to exclude justification does not plainly appear |
|
|
CL Duress
|
-person threatens death/sbi against defendant or family unless defendant commits crime
-defendants reasonably believes threat is genuine/imminent -no escape possible -defendant has clean hands -not a defense to murder |
|
|
|
MPC 2.09
|
Duress
|
(1) affirmative defense: actor coerced by use/threat of unlawful force against himself or another, that a person of REASONABLE FIRMNESS in his situation would have been unable to resist
(2) unavailable if actor r got into the situation where probably he'd be subjected to duress. also unavailable if negligent in getting into situation whenever n suffices to establish liability for offense charged (3) no defense that woman acted under command of husband unless such coercion would be a defense otherwise in the section (4) when conduct otherwise justifiable under 3.02, this section does not preclude that defense |
|
|
TPC 8.05
|
Duress
|
(a) affirmative defense that actor was compelled by threat of imminent death of SBI to himself or another
(b) when offense charged is not a felony, affirmative defense that actor was compelled by force or threat of force (c) compulsion exists only if force or threat of force would render person of REASONABLE FIRMNESS incapable of resisting (d) defense unavailable if actor i, k, or r got himself in the situation (e) no defense that person acted at command of spouse, unless that compulsion would otherwise establish a defense under the section |
|
|
CL Self-Defense (non-deadly force)
|
-reasonably believes
-another intend to batter or false imprisonment -no duty to retreat -never deadly force against non-deadly force |
|
|
|
CL Self-Defense (deadly force)
|
-reasonably believes
-deadly force necessary -to protect against imminent use of unlawful deadly force by another -defendant is not the aggressor -duty to retreat unless in home |
|
|
|
MPC 3.04
|
Use of Force in Self-Protection
|
(1) subject to other sections and 3.09, use of force justifiable WHEN THE ACTOR BELIEVES it immed. necess. for protecting himself against unlawful use of force by another
(2) limitations (a) not justifiable when... (i) to resist arrest, even if unlawful (ii) to help someone protect their land (b) deadly force not justifiable unless actor believed force necessary to protect against death or SBI, kidnapping, sexual assault (i) not justifiable when actor provoked use of force (ii) not when actor can retreat or surrender some property (c) person employing force may estimate the necessity under the circumstances AS HE BELIEVES THEM TO BE when the force is used (3) use of confinement as protective force only if confinement ended as soon as possible |
|
|
MPC 3.09
|
Reckless/Negligent use of force causing injury to innocent parties
|
(1) justification from 3.04 or 3.07 unavailable when
(a) actor's belief as to unlawfulness of force or arrest he's protecting against is erroneous (b) his error is due to ignorance or mistake of code/law provisions (2) when actor r or n acquires the belief that would establish justification under 3.03 or 3.08, the justification is unavailable for a r or n offense (3) when actor is justified but r or n injures innocent people the justification is unavailable in the prosecution for those other crimes. |
|
|
TPC 9.31
|
Self-Defense
|
|
|
|
TPC 9.32
|
Deadly Force in Defense of Person
|
(a) deadly force ok if...
(1) justified under 9.31 AND (2) to protect against deadly force or to prevent imminent commission of an aggravated other crime or murder. (b) belief that deadly force as immed. necess. presumed reasonable if... (1) knew or had reason to believe that the person against whom the deadly force was used was... (A) unlawfully and with force entered or tried to enter the occupied habitation, place of work, vehicle (B) unlawfully and with force attempted to remove actor from those places (C) was trying to commit the defenses in (a)(2)(B) (2) did not provoke the person (3) was not engaged in criminal activity (c) not required to retreat (d) finder of fact may not consider whether an actor failed to retreat for (a)(2) |
|
|
CL Defense of Others
|
-protect family / servants against assault
-protect anyone against forcible felony -alter-ego rule: justified to the extent that the third party is justified in acting in self-defense. |
|
|
|
MPC 3.05
|
Use of Force in the Protection of Other Persons
|
(1) subject to 3.09, use of force justified when...
(a) would be justified under 3.04 to protect self against INJURY HE BELIEVES to be threatened (b) under circumstances AS THE ACTOR BELIEVED THEM TO BE the person under attack would be justified (c) ACTOR BELIEVES his intervention is necessary (2) notwithstanding (1) (a) actor not obliged to retreat or hand over property before protecting another unless he knows he can secure the other's complete safety (b) when third party would be obliged to retreat, the actor must try to make him do so before using force (c) neither is supposed to retreat when in other's dwelling or work place |
|
|
TPC 9.33
|
Defense of Third Persons
|
justified when...
(1) under circs. as actor REASONABLY believes them to be, actor justified under 9.31 or 9.32 to protect himself against force he reasonably believes to be threatening 3rd person (2) actor REASONABLY believes his intervention immed. necess. |
|
|
CL Defense of Property
|
-can use non-deadly force only
-to prevent property from being taken / to recover property taken in your presence and you are in hot pursuit -deadly force unreasonable |
|
|
|
MPC 3.06
|
Use of Force for the Protection of Property
|
|
|
|
TPC 9.41
|
Protection of One's Own Property
|
(a) justified when and to the degree the actor REASONABLY believes force immed. necess. to prevent or terminate the trespass or theft
(b) when and to the degree the actor reasonably believes force immed. necess. to re-enter or recover property if actor uses force immediately or in fresh pursuit after dispossesion AND actor reasonably believes other had no claim of right OR other accomplished dispossession by force, threat, fraud |
|
|
TPC 9.42
|
Deadly Force to Protect Property
|
|
|
|
TPC 9.43
|
Protection of Third Person's Property
|
|
|
|
CL Attempt
|
-defendant has specific intent to commit object offense
-some act towards completion |
|
|
|
MPC 5.01
|
Criminal Attempt
|
(1) guilty if (acting with culpability required for crime)...
(a) purposely engages in conduct that would complete crime if attendant circs. were as he believed them to be (b) result crime - does or omits with purpose of causing or with belief that it will cause result without further conduct (c) purposely does or omits anything that, under circs. as he believes them to be, is substantial step in course of conduct planned to complete crime (2) conduct that may be a substantial step...gives long list (see p. 639) (4) affirmative defense - actor abandoned effort to commit crime and otherwise prevented its commission, complete and voluntary renunciation |
|
|
MPC 5.05
|
Grading of Criminal Attempts
|
same grade and degree of most serious offense attempted
|
|
|
TPC 15.01
|
Criminal Attempt
|
(a) SI intent to commit offense plus act amounting to more than mere preparation
(b) attempts aggravated crime if element that makes it aggravated is present (c) no defense that offense was actually committed (d) one category lower than offense attempted |
|
|
CL Impossibility
|
-legal impossibility is a defense
-factual impossibility is not a defense -despite bad intent, defendant could not be prosecuted for completed offenses. |
|
|
|
CL Solicitation
|
-intent to commit the act (asking the question)
-intent that solicitant commit the object offense -asking/inducing, hiring, encouraging another to commit object offense |
|
|
|
MPC 5.02
|
Criminal Solicitation
|
(1) with purpose of promoting or facilitating commission, encourages another to specific conduct of crime or attempt
(2) immaterial that actor fails to communicate with solicitant even though he tried (3) affirmative defense - actor persuaded solicitant not to do act or otherwise prevented the commission of crime, under circs. manifesting complete and voluntary renunciation |
|
|
TPC 15.03
|
Criminal Solicitation
|
(a) with intent that capital or 1st degree felony be committed, requests, commands, or attempts to induce another to do something, under circs. as actor believed them to be
(b) may not be convicted on uncorroborated evidence of solicitant and may not be convicted unless evidence shows solicitation itself and intent of solicitor (c) no defense that... (1) solicited person not criminally responsible (2) person solicited has been acquitted (3) actor is legally incapable of committing the offense (4) felony was actually committed (d) 1st degree felony of solicited capital offense; 2nd degree if solicited 1st degree |
|
|
TPC 15.031
|
Criminal Solicitation of a Minor
|
|
|
|
TPC 15.04(b)
|
Renunciation Defense (to criminal conspiracy or criminal solicitation)
|
(a) affirmative defense to 15.01 that under circs. showing voluntary and complete renunciation the actor avoided commission of the crime
(b) affirmative defense to 15.02 and 15.03 that voluntary and complete renunciation countermanded solicitation or withdrew from conspiracy and took affirmative action that prevented commission of crime |
|
|
CL Conspiracy
|
-intent to agree and intent to commit object offense
-making agreement |
|
|
|
MPC 5.03
|
Criminal Conspiracy
|
(1) with the purpose of promoting or facilitating crime...
(a) agrees with another that they will engage in conduct constituting crime or constituting attempt/solicitation to commit such crime (b) agrees to help another in planning / commission of crime or of attempt/solicitation to commit such crime (2) guilty of conspiring with people he knows his co-conspirator has conspired with (3) guilty of only one conspiracy when multiple crimes are object of same conspiracy (5) overt act in pursuance of conspiracy must be shown before conviction (6) affirmative defense - when actor thwarted success of conspiracy because of voluntary and complete renunciation (7) (a) conspiracy is continuing course of conduct terminating when crimes are committed (b) abandonment assumed if no one does an over act (c) if one person abandons conspiracy it is terminated for him only when he tells police about it or tells his co-conspirators about it |
|
|
MPC 5.04
|
Incapacity, Irresponsibility, or Immunity of Party to Solicitation or Conspiracy
|
(1) immaterial to liability of solicitor or conspirator that...
(a) he or the other doesn't meet some element of the crime of he believes one of them does (b) the other person is irresponsible or has immunity to prosecution (2) defense - if criminal object achieved, actor would not be guilty under law defining offense or as an accomplice. |
|
|
MPC 5.05
|
Grading of Criminal Conspiracy
|
(1) crime of same grade and degree as most serious offense that is object of conspiracy
(2) if conduct so unlikely to result in commission of crime that conduct and actor don't present a threat to society, court shall use judgment to impose sentence for crime of lower grade or degree |
|
|
TPC 15.02
|
Criminal Conspiracy
|
(a) with intent that felony be committed...
(1) agrees to engage in conduct constituting offense (2) he or another performs an over act (b) agreement may be inferred from acts of the parties (c) no defense that (1) coconspirator not criminally responsible (2) one or more of coconspirators has been acquitted (but not two or more) (3) others have not been prosecuted, convicted of dif offense, or are immune from prosecution (4) actor is legally incapable of committing offense (5) object offense actually committed (d) one category lower than most serious felony that is object of conspiracy |
|
|
TPC 15.05
|
No Offense
|
-Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense
|
