De Bar - Crim Law

Front 1

crim law -- what crimes merge into the completed crime?

Back 1

Solicitation and attempt

Front 2

crim law -- SOL for crimes in DE?

Back 2

i. NO SOL murder, all Class A felonies and all sex offenses
ii. 5 yrs after crime is committed all other felonies
iii. 3 yrs misdemeanors
iv. 2 yrs all other criminal prosecutions

Front 3

crim law -- i. When does jeopardy attach?

Back 3

1. Bench trial when first witness is sworn;
2. Jury trial upon impaneling and swearing of the jury.

Front 4

crim law -- DE provisions on double jeopardy?

Back 4

ii. D cannot be convicted of more than on offense if:
1. One offense is included in the other;
2. One offense is merely an attempt to commit the other crime charged; or
3. Inconsistent facts are required to establish both offenses
iii. A subsequent prosecution for the same crime based upon the same facts is barred when:
1. Former prosecution resulted in an acquittal for the D;
2. Former prosecution resulted in a conviction which has not been set aside

Front 5

crim law -- what is an "act"?

Back 5

Any (1) voluntary (2) bodily movement.

Front 6

crim law -- what is NOT an "act"?

Back 6

1. Conduct which is NOT the product of your own volition.
2. A reflexive or convulsive act (e.g., a seizure).
3. An act performed while unconscious or asleep.

Front 7

crim law -- when is there a legal duty to act?

Back 7

a. Action is required by statute(e.g., file tax returns)
b. Action is required by contract (e.g., lifeguard, nurse)
c. Action is required because of relationship between the parties (e.g., parent/child)
d. Action is required because an individual has voluntarily assumed a duty of care and fails to adequately perform.
e. Action is required because an individual’s conduct has created the peril.

Front 8

crim law -- what are CL specific intent crimes?

Back 8

a. Solicitation
b. Conspiracy
c. Attempt
d. 1st degree murder
e. Assault
f. Larceny
g. Embezzlement
h. False pretenses
i. Robbery
j. Burglary
k. Forgery

Front 9

crim law -- what additional defenses can negate specific intent?

Back 9

a. Voluntary intoxication
b. Mistake of fact

Front 10

crim law -- what state of mind is necessary for a malice crime?

Back 10

Requires depraved heart; highly reckless conduct; extreme indifference to human life

Front 11

crim law -- what are CL malice crimes?

Back 11

2d degree murder
arson

Front 12

crim law -- when is a crime a SL crime?

Back 12

a. If crime is in administrative, regulatory or morality area, AND
b. There are no adverbs in the statute such as knowingly, willfully, or intentionally.

Front 13

crim law -- who is an accomplice?

Back 13

i. Accomplices must actively participate in the crime.
1. Mere presence--even if a person appears to consent to or fails to attempt to stop the crime--is NOT enough.
2. a person generally must have given aid, counsel, or encouragement with the intent to aid or encourage the principal in the commission of the crime charged
a. DE includes failure to prevent when under a legal duty to do so.

Front 14

crim law -- extent of liability for accomplices?

Back 14

Liable for the crime itself and all other crimes that occur so long as foreseeable.

Front 15

crim law -- DE: Solicitation

Back 15

Solicits, requests, commands or otherwise attempts to cause another person to engage in conduct constituting a crime
1. First Degree - crime solicited is Class A Felony
2. Second Degree - other felonies
3. Third Degree - misdemeanor

Front 16

crim law -- elements of CL conspiracy:

Back 16

1. An agreement (intent to agree + intent to pursue a criminal act),
a. No express written or spoken words of agreement necessary. In other words, agreement may be implied.
2. An intent to enter into an agreement (which is often inferred from the act of agreement)
3. An intent to achieve the objective of the agreement, AND
a. A “meeting of the minds”
4. An overt act in furtherance of the conspiracy.
a. ANY small act in furtherance will do.
b. NOTEOvert act is the majority rule. CL and a minority of jurisdictions based conspiracy liability on only an agreement.

Front 17

crim law -- extent of co-conspirator liability?

Back 17

Liable for all foreseeable acts committed in furtherance of the conspiracy.

Front 18

crim law -- effect of co-conspirator's withdrawal?

Back 18

a. Withdrawing co-conspirator is not liable for subsequent crimes of co-conspirators, BUT remains liable for the original conspiracy.

Front 19

crim law -- DE: conspiracy

Back 19

1. Intending to promote or facilitate commission of a crime
a. Agrees (1) to engage in criminal conduct or (2) to aid another person, AND
b. An overt act
2. Degrees
a. First Degree - crime is a Class A felony (rape; murder)
b. Second Degree - crime is a felony other than Class A
c. Third Degree - crime is a misdemeanor.

Front 20

crim law -- elements of CL attempt:

Back 20

1. Specific intent to commit a crime, AND
2. A substantial step in the direction of commission of the crime.
a. NOTE Mere preparation is NOT sufficient to support an attempt charge.

Front 21

crim law -- 4 tests for determining insanity:

Back 21

1. M’Naghten Rule - At time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
2. Irresistible Impulse - D lacked the capacity for self-control and free choice.
3. Durham Rule - D’s conduct was a product of mental illness.
4. Model Penal Code - D lacked the ability to conform his conduct to the requirements of law.

Front 22

crim law -- DE on insanity defense

Back 22

D lacked substantial capacity to appreciate wrongfulness of his conduct.
i. NOTE DE does not characterize as “not guilty by reason of insanity;” rather as a defense of mental illness.
b. Guilty but Mentally Ill
i. Psychiatric disorder which substantially disturbed person’s thinking, feeling or behavior, or
ii. Psychiatric disorder leaving D with insufficient willpower to choose whether to do or not to do an act.

Front 23

crim law -- voluntary intoxication available as a defense in DE?

Back 23

NEVER

Front 24

crim law -- infancy as a CL defense

Back 24

i. Children under age 7 -- NO criminal liability
ii. Age 7 to 14 -- A rebuttable presumption of no criminal liability.

Front 25

crim law -- use of non-deadly force as self-defense?

Back 25

1. Permitted where the victim reasonably believes that force is about to be used on them.

Front 26

crim law -- majority and minority rules on use of deadly force as self-defense?

Back 26

1. Majority rule Permitted where the victim reasonably believes that deadly force is about to be used on them.
2. Minority rule When confronted with deadly force, victim is REQUIRED to retreat if it is safe to do so.
a. Three Exceptions to Duty to Retreat --
i. No duty to retreat in one’s own home
ii. No duty to retreat in a rape or robbery.
iii. No duty to retreat for police officers.

Front 27

crim law: DE: when is deadly force permitted?

Back 27

a. Necessary to protect against death, serious physical injury, kidnapping or rape
b. Based on D’s subjective reasonable belief, and
c. D canNOT avoid by retreating unless D is at home or work.

Front 28

crim law -- when self-defense available as defense to the original aggressor?

Back 28

1. Withdraws, AND
2. Communicates his withdrawal.

Front 29

crim law -- when is duress available as a defense under CL

Back 29

i. A defense if:
1. The person acts under the threat of imminent infliction of death or great bodily harm, AND
2. Their belief is reasonable.
ii. NOTEDuress NOT AVAILABLE as a defense to homicide.

Front 30

crim law -- when is mistake of fact available as a defense under CL?

Back 30

i. A defense if:
1. The mistake negates intention, AND
2. The crime is a specific intent crime (reasonableness of mistake is IRRELEVANT) OR the mistake is reasonable if offered as a defense to a malice or general intent crime.

Front 31

crim law -- when is consent available ad a defense in DE?

Back 31

1. No physical injury + consent negates an element of offense
2. Offense involves physical injury + but NOT serious physical injury or injury is a reasonably foreseeable hazard of participation in activity, athletic event or sport.

Front 32

crim law -- elements of entrapment defense

Back 32

i. A defense if:
1. The criminal design originated with law enforcement officers, AND
2. D was NOT pre-disposed to commit the crime.

Front 33

crim law -- elements of immunity defense in DE

Back 33

An agreement not to prosecute granted by AG, DAG, or the court that is offense/transaction-specific.

Front 34

crim law -- elements of choice of evils defense in DE

Back 34

necessary as an emergency measure to avoid imminent injury + D not at fault + avoiding injury clearly outweighs desirability of avoiding injury sought to be justified.

Front 35

crim law -- CL battery

Back 35

A completed assault.
i. General intent
ii. NOTE Touching must only be offensive.

Front 36

crim law -- CL assault

Back 36

An attempt to commit a battery OR the intentional creation--other than by mere words--of a reasonable apprehension of imminent bodily harm.

Front 37

crim law -- CL aggravated assault

Back 37

1. Assault + use of a deadly or dangerous weapon.
2. Assault + intent to rape, maim, or murder.

Front 38

crim law -- DE: 1st degree assault

Back 38

Formulation 1:
a. Intentionally causes
b. Serious physical injury
c. With a deadly weapon or dangerous instrument
d. Against a law enforcement officer, corrections officer, fireman, emergency care worker, or person age 62 years or older.

2. Formulation 2:
a. Reckless conduct which causes
b. Substantial risk of death resulting in
c. A serious physical injury.
3. Formulation 3:
a. Intentionally or recklessly causes
b. Serious physical injury while
c. Engaged in/attempting/fleeing from ANY felony.

Front 39

crim law -- DE: 2d degree assault

Back 39

1. Formulation 1:
a. Recklessly or intentionally causing
b. Any of the following:
i. Serious physical injury,
ii. Physical injury + any of the special conditions of 1st degree assault
iii. Physical injury to a pregnant female,
iv. Physical injury to a child less than 6 by an adult,
2. Formulation 2:
a. Intentional use of a chemical spray while engaged in a crime.

Front 40

crim law -- DE: 3rd degree assault

Back 40

1. Formulation 1:
a. Recklessly or intentionally causing
b. Physical injury
2. Formulation 2:
a. Criminal negligence
b. With a weapon
c. Causing physical injury

Front 41

crim law - DE definition of criminal negligence

Back 41

i. Criminal Negligence - Failure to perceive a risk that the element exists. Risk must be of such a degree that failure to perceive it constitutes a gross deviation from the standard of conduct a reasonable person would observe.

Front 42

crim law -- DE definition of recklessness

Back 42

i. Reckless - Person acts recklessly when he is aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from his conduct. Risk must be of such a degree that disregard thereof constitutes a gross deviation from the standard of conduct a reasonable person would observe.

Front 43

crim law -- DE definition of dangerous instrument

Back 43

ii. Dangerous Instrument - Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable or causing death or serious physical injury, or any disabling chemical spray.

Front 44

crim law -- DE definition of deadly weapon

Back 44

i. Deadly Weapon - a firearm, knife (other than closed pocketknife), billy, blackjack, metal knuckles, slingshot, bicycle chain, ice pick, A dangerous instrument which is used or attempted to be used to cause death or serious physical injury

Front 45

crim law -- DE definition of serious physical injury

Back 45

ii. Serious Physical injury - Physical injury which causes substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment or prolonged loss of function of any bodily organ, or which causes the unlawful termination of a pregnancy without consent of the pregnant female.

Front 46

crim law -- DE definition of physical injury

Back 46

i. Physical injury - impairment of physical condition or substantial pain.

Front 47

crim law -- DE definition of knowingly

Back 47

ii. Knowingly - Person acts knowingly when aware that his conduct is of that nature or that such circumstances exist or if the element involves a result, he is aware that it is practically certain his conduct will cause that result.

Front 48

crim law -- DE definition of intentional

Back 48

i. Intentional - A conscious object or purpose to engage in the conduct or cause the result.

Front 49

crim law -- DE: offensive touching

Back 49

1. Offensive Touching - Intentional touching of another likely to cause offense or alarm

Front 50

crim law -- DE: menacing

Back 50

2. Menacing - Placing another in fear or imminent physical injury by some movement of one’s body or any instrument.

Front 51

crim law -- DE: disorderly conduct

Back 51

Intentionally causing public inconvenience, annoyance or alarm by:
a. Violent actions, unreasonably or offensive noise, disturbing a lawful assembly or meeting, obstructing vehicle or pedestrian traffic, refusing to comply with police order to disperse, creating a hazardous condition for no legitimate purpose, or wearing hoods or masks for the purpose of depriving a person of constitutional rights

Front 52

crim law -- DE: resisting arrest

Back 52

4. Resisting Arrest - Intentionally preventing (or attempting to prevent) an officer from effecting an arrest or detention.

Front 53

crim law -- DE: 1st and 2d degree abuse of a pregnant female

Back 53

a. Second Degree
i. In the course of/in furtherance/attempted commission of 3rd degree assault or any violent felony against a pregnant female,
ii. Recklessly and without her consent causes termination of the pregnancy.
b. First Degree - Second Degree with intentional action.

Front 54

crim law -- DE: aggravated menacing

Back 54

a. Intentional movement of body or any instrument
b. Placing another in fear of imminent physical injury
c. with what appears to be a deadly weapon.

Front 55

crim law -- DE: i. First Degree Reckless Endangering (FELONY)

Back 55

1. Recklessly
2. Engaging in conduct which creates a substantial risk of death (e.g., brandishing/pointing a gun)

Front 56

crim law -- DE: 2d Degree Reckless Endangering (MISDEMEANOR)

Back 56

1. Recklessly
2. Engaging in conduct which creates a substantial risk of physical injury

Front 57

crim law -- DE: Endangering Welfare of a Child

Back 57

1. Parent, guardian, or person who has assumed responsibility for
2. Person under 18 years, and
3. One of the following:
a. Knowingly acts in a manner likely to be injurious to physical, mental or moral welfare of child, OR
b. Intentionally does or fails to do any act with result that child becomes a neglected child, OR
c. Knowingly contributes to delinquency of child with result that child becomes a delinquent, OR
d. Knowingly encouraging, aiding, etc. child to run away from parent’s home or harboring a runaway, OR
e. Committing any violent felony, reckless endangering 2d, assault 3d, terroristic threatening or unlawful imprisonment, knowing such actions were witnessed by a child who is a member of victim/actor’s family, OR
f. DUI + child is a passenger, OR
g. Drug offense with child present in dwelling at time of offense.

Front 58

crim law -- DE: 1. Sexual Exploitation of a Child (FELONY)

Back 58

a. Knowingly
i. Photograph or film
ii. Finance or produce
iii. Publish or make available for distribution
iv. Creates
b. Visual depiction of a child engaging in prohibited sexual act or simulation thereof.

Front 59

crim law -- DE: 3. Sexual Solicitation of a Child (FELONY)

Back 59

a. Person over 18
b. Solicits
c. Person under 18
d. To engage or meet for the purpose of engaging.

Front 60

crim law -- DE: Terroristic Threatening (MISDEMEANOR)

Back 60

i. Threat to commit crime likely to result in death or serious injury to another, OR
1. NOTE a separate form actual act if completed
ii. Commits an act with intent of causing another to believe they have been exposed to a substance that would cause death or serious injury, OR
iii. Makes false statements
1. Likely to cause evacuation, or
2. Likey to cause serious inconvenience, or
3. In reckless disregard of risk of causing terror or serious inconvenience

Front 61

crim law -- DE: 1st degree kidnapping

Back 61

1. Unlawful restraint
2. for a particular purpose
a. ransom or reward; shiled or hostage; to facilitate a felony; to inflict physical injury or sexual abuse; to terrorize victim; or to take a child less than 16 from lawful parent or guardian
3. does NOT voluntarily release the victim alive, unharmed and in a safe place prior to trial.

Front 62

crim law -- DE: 2d degree kidnapping

Back 62

1. Unlawful restraint
2. For a particular purpose , and
3. voluntarily release the victim alive, unharmed and in a safe place prior to trial.

Front 63

crim law -- DE: 1st and 2d degree unlawful restraint

Back 63

a. Second Degree - unlawful restraint
b. First Degree - unlawful restraint + exposure to risk of serious physical injury

Front 64

crim law -- DE: Interference w/ custody

Back 64

D is relative of the child + child was under age of 16 + D has no legal rights to possession of child.

Front 65

crim law -- CL 1st degree murder

Back 65

1. Premeditated Killing - Elements:
a. Victim is human, and
b. D acted with intent or knowledge that his conduct would cause death.
i. In other words, D’s conduct was deliberate and premeditated.
1. “Deliberate” means that the defendant reflected on the crime in a cool and dispassionate manner.
2. “Premeditated” means that such reflection actually was undertaken, but it need only be for a very brief period
2. Felony Murder - ANY killing--even an accidental one--committed during the course of a felony.
a. NOTE Deaths MUST be foreseeable
3. Homicide of PO - Elements:
a. D must know victim is PO, and
b. Victim must be acting in line of duty.

Front 66

crim law -- defenses to felony murder

Back 66

i. D has a defense to the underlying felony;
ii. NO liability for death of a co-felon caused by the police or resistance of the victim.

Front 67

crim law -- DE: 1st degree murder

Back 67

a. Intentionally causing death of another, or
b. Felony or immediate flight therefrom + recklessly causing death of another, or
c. Intentionally causing another to commit suicide by force or duress, or
d. Recklessly causing death of PO, corrections, or fireman, or
i. NOTE includes volunteer firefighters
e. Causes death of another with a bomb, or
f. Causes death of another to avoid lawful arrest, in the course of escape 2d or escape after conviction

Front 68

crim law -- CL 2d murder

Back 68

Killing of another + Malice aforethought
malice aforethought”? Satisfied where any of the following states of mind is present
i. intent to kill,
ii. intent to inflict great bodily injury,
iii. reckless indifference to an unjustifiably high risk to human life, or
iv. intent to commit a felony

Front 69

crim law -- DE: 2d degree murder

Back 69

a. Recklessly causes death of another + circumstances manifesting a cruel, wicked, and depraved indifference to human life, or
b. Criminal negligence in causing death of another + commission or attempted commission of a felony

Front 70

crim law -- elements of CL voluntary manslaughter

Back 70

i. A killing resulting from adequate provocation by the victim;
1. Adequate provocation? Must be provocation would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control.
ii. Insufficient time between provocation and killing for the passions of reasonable person to cool; and
iii. D, in fact, did NOT cool off between provocation and killing.

Front 71

crim law -- CL involuntary manslaughter

Back 71

a. A killing of criminal negligence (e.g., falling asleep at wheel); or
b. Misdemeanor manslaughter - Killing someone while committing a misdemeanor or unenumerated felony.

Front 72

crim law -- DE: Manslaughter

Back 72

a. Reckless causes death of another, or
b. Intent to cause serious physical injury + causes death under circumstances reasonably likely to cause death, or
c. Intentionally causes death + extreme emotional distress
i. EED - Frenzy of mind based upon a reasonable explanation
d. Recklessly performs an abortion causing death, or
e. Intentionally causes another to commit suicide.

Front 73

crim law -- DE: criminally negligent homicide

Back 73

1. With criminal negligence causes death of another
a. Failure to perceive risk that death will result

Front 74

crim law -- DE: 1st degree murder by abuse or neglect

Back 74

a. Recklessly causes death of child under 14 through an act of abuse or neglect, or
b. Recklessly causes death of child under 14 + has engaged in previous patterns (2 or more) of abuse or neglect

Front 75

crim law -- DE: 1st degree rape

Back 75

1. Intentional
2. Intercourse
3. And any of the following circumstances
a. No consent + during commission/flight/or attempt to prevent reporting of a crime + physical injury/serious mental or emotional injury.
b. No consent + during course of
i. ANY felony, or
ii. Reckless endangering 2d, or
iii. Assault 3d, or
iv. Terroristic threatening, or
v. Unlawfully administering drugs, or
vi. Unlawful imprisonment 2d, or
vii. Criminal trespass.
c. Deadly weapon + rape 2, 3, or 4
d. Victim less than 12 yrs + D 18 or older
e. Victim less than 16 yrs + D is in position of trust

Front 76

crim law -- DE: mandatory life sentence for rape1 under what circumstances?

Back 76

1. Victim less than 16 + serious physical injury;
2. Serious and prolonged disfigurement or destruction/permanent disabling of body or organ;
3. Rape convictions against 3 or more separate victims

Front 77

crim law -- DE: 2d degree rape

Back 77

i. Formulation 1:
1. Intentional
2. Intercourse
3. Without consent
ii. Formulation 2:
1. Intentional
2. Penetration
3. And any of the following circumstances:
a. No consent + during commission/flight/or attempt to prevent reporting of a crime + physical injury/serious mental or emotional injury.
b. No consent + during commission/flight/or attempt to prevent reporting of a crime + deadly weapon
c. No consent + during course of
i. ANY felony, or
ii. Reckless endangering 2d, or
iii. Assault 3d, or
iv. Terroristic threatening, or
v. Unlawfully administering drugs, or
vi. Unlawful imprisonment 2d, or
vii. Criminal trespass
d. Victim less than 16 yrs + during commission/flight/or attempt to prevent reporting of a crime
e. Victim less than 16 yrs + deadly weapon
f. Victim less than 12 yrs + D 18 or older
g. Victim less than 16 yrs + D is in position of trust

Front 78

crim law -- DE: 3rd degree rape

Back 78

i. Formulation 1
1. Intentional
2. Intercourse
3. Victim less than 16 yrs
4. D at least 10 yrs older
ii. Formulation 2
1. Intentional
2. Intercourse
3. Victim less than 14 yrs
4. D is 19 or older
iii. Formulation 3
1. Intentional
2. Penetration
3. Any of the following
a. No consent + during commission or flight from a crime
b. Prevent reporting of a crime + physical injury or serious mental or emotional injury
c. Victim less than 16 yrs + crime + physical injury or serious mental or emotional injury
iv. Formulation 4
1. Intentional
2. Intercourse or penetration
3. Victim is 16-18 yrs
4. D in position of trust, authority or supervision

Front 79

crim law -- DE: 4th degree rape

Back 79

i. Intentional + intercourse + victim less than 16 yrs, or
ii. Intentional + intercourse + victim less than 18 yrs + D is 30 or older, or
iii. Intentional + penetration + no consent or victim less than 16 yrs, or
iv. Intentional + intercourse or penetration + victim is 16-18 + D in position of trust, authority or supervision

Front 80

crim law -- DE: 1st, 2d, and 3d degree unlawful sexual contact

Back 80

1. First Degree (FELONY) - USC 2d or 3d + physical injury or deadly weapon or victim less than 16 yrs and D in position of trust, authority or supervision.
2. Second Degree (FELONY) - Intentional + Sexual contact + victim under 16
3. Third Degree (MISDEMEANOR)- Sexual contact + knowledge that contact is offensive or no consent.

Front 81

crim law -- DE: sexual harassment

Back 81

1. Threat of conduct likely to result in a sexual offense, or
2. Solicitation/command/inducement of sexual contact/intercourse/penetration, knowing such is likely to cause annoyance or alarm.

Front 82

crim law -- DE: continuous sexual abuse of a child

Back 82

1. Intentional
2. 3 or more acts of sexual conduct
3. With child under 18
4. Period of 3 months or more.

Front 83

crim law -- CL larceny

Back 83

1. Intent To deprive permanently or for an unreasonable time.
1. A wrongful taking, and
a. NOTE A taking under belief that property is yours is NOT larceny.
2. A carrying away (portation).
a. NOTE slightest moving of the property is sufficient.
3. Of tangible personal property of another

Front 84

crim law -- DE: theft

Back 84

i. Exercise control over
ii. The property of another
1. Less than $1500 misdemeanor
2. $1500 or more felony
3. Victim is 62 years or older  felony
iii. With intent to deprive or appropriate

Front 85

crim law -- DE: shoplifting

Back 85

Theft + mercantile establishment.
1. Under $1K MISDEMEANOR

Front 86

crim law -- DE: Possession of shoplifter's tools

Back 86

Possession of tools ot other items adapted, designed, etc. for committing or facilitating offenses involving shoplifting or which disable or allows one to evade security devices.

Front 87

crim law -- DE: receiving stolen property

Back 87

Knowing or believing property has been acquired under circumstances amount to theft
1. NOTEKnowledge is presumed where property is acquired substantially below reasonable value.

Front 88

crim law -- DE: identity theft

Back 88

1. Knowingly or recklessly
2. Obtains/produces/possesses/uses/sells/gives/transfers
3. Personal identifying information belonging to another without consent
4. With intent to commit or facilitate any Title 11 offense

Front 89

crim law -- DE: theft of prescription pad

Back 89

1. Possession by an individual who is NOT authorized practitioner
2. Takes prescription pad
3. To facilitate drug diversion.

Front 90

crim law -- CL embezzlement

Back 90

Lawful possession followed by illegal conversion.

Front 91

crim law -- CL False Pretenses

Back 91

1. Owner conveys title to property to D
2. Under false pretenses by D.
a. NOTE False pretense MUST be as to a present or past fact. A false promise to do something in the future canNOT ground liability for false pretenses.

Front 92

crim law -- DE: 1st, 2d, and 3d degree Forgery

Back 92

1. Intent to defraud, deceive, or injure another
2. Alter OR make, complete, execute, etc.
3. any written instrument of another (or purporting to be)
a. First Degree (FELONY)
i. Written instrument involving an issue of money, stamps, securities or valuable instrument issued by the govt
ii. Stocks, bonds, and other instruments of a corporation
b. Second Degree (FELONY)
i. Deeds, wills, contracts, checks or other instruments affecting legal rights, interests or obligations
ii. Public records, or
iii. Medical prescriptions
c. Third Degree (MISDEMEANOR)
i. All other documents.
4. Without authority

Front 93

crim law -- CL Robbery

Back 93

1. Taking of personal property of another from the other person’s presence
a. NOTE presence requirement interpreted broadly (e.g., individual tied up in a separate building)
2. By force or threat of force
a. NOTEThreat must be one of imminent harm.
3. With the intent to permanently deprive.

Front 94

crim law -- DE: 2d degree robbery

Back 94

1. Theft,
2. Use or threat of force
3. To prevent/overcome resistance OR compel giving up the property

Front 95

crim law -- DE: 1st degree robbery

Back 95

1. Theft,
2. Use or threat of force
3. To prevent/overcome resistance OR compel giving up the property, and
4. One of the following:
a. Physical injury, or
b. Display a deadly weapon or represent by words or conduct that he possesses a deadly weapon, or
c. Armed with/uses/or threatens use of a dangerous instrument, or
d. Victim is 62 years or older.

Front 96

crim law -- CL extortion

Back 96

Knowingly seeking to obtain property or services by means of a future threat.

Front 97

crim law -- DE: Extortion/Bribery

Back 97

a. To compel/induce another to deliver property by instilling fear of one of the following:
i. Physical injury,
ii. Property damage
iii. Criminal conduct
iv. Accusing of a crime
v. Exposure of a secret,
vi. Falsely testifying,
vii. Misuse of a position by a public official,
viii. Harm to reputation, financial condition, safety, business, career, or a personal relationship
b. Offers/confers/agrees to give a benefit to a public servant upon an agreement or understanding for that official’s vote, action, exercise of discretion, or for appointment to public office.
c. Public servant solicits/offers/accepts benefit for his action.

Front 98

crim law -- DE: 2d degree Carjacking

Back 98

1. Knowingly and unlawfully
2. Take possession of a vehicle
3. By coercion, duress or otherwise without permission

Front 99

crim law -- DE: 1st degree carjacking

Back 99

1. Knowingly and unlawfully
2. Take possession of a vehicle
3. By coercion, duress or otherwise without permission
4. while in possession or control of vehicle
a. Commits or attempts a felony
b. Drives under the influence
c. Commits a drug offense
d. Displays or represents that they possess a deadly weapon.
e. Causes physical injury to another
f. Passenger or owner is 62 years old or older or 14 years old or younger.

Front 100

crim law -- DE: criminal mischief

Back 100

1) intentionally or recklessly (2) damaging tangible property or tamper with property to make dangerous or tamper with property of a utility.
i. FELONY $1500 + in damage
ii. MISDEMEANOR under $1500

Front 101

crim law -- CL burglary

Back 101

1. Breaking and
a. May be actual of constructive breaking --
i. Actual Breaking - Compare entering through an open window versus pushing open an interior door that is closed.
ii. Constructive Breaking - By fraud or threat (e.g., using key for purpose other than one given).
2. Entering of
a. Occurs where ANY part of the body enters the dwelling
3. A dwelling of another
a. Commercial structures and barns are NOT dwellings
4. At night
5. With the intent to commit a felony therein.
a. NOTE intent to commit felony must exists at the time of breaking and entering.

Front 102

crim law -- DE: 1st degree burglary

Back 102

1. Enter or remain unlawfully
2. A dwelling
3. At night
4. With intent to commit a crime
5. Armed with deadly weapon or causes physical injury while entering or fleeing

Front 103

crim law -- DE: 2d degree burglary

Back 103

1. (i) Enter or remain unlawfully (ii) a dwelling (iii) with intent to commit a crime, OR
2. (i) Enter or remain unlawfully (ii) a building (iii) armed with deadly weapon or causes physical injury while entering or fleeing

Front 104

crim law -- DE: 3d degree burglary

Back 104

(i) Enter or remain unlawfully (ii) a building (iii) with intent to commit a crime.

Front 105

crim law -- DE: 1st, 2d, and 3d degree criminal trespass

Back 105

a. First Degree
i. Knowingly
ii. Enters or remains unlawfully
iii. A dwelling OR a building used to shelter, house, milk, raise, breed, feed, study or exhibit animals.
b. Second Degree
i. Knowingly
ii. Enters or remains unlawfully
iii. A building OR real estate fenced in to exclude intruders.
c. Third Degree
i. Knowingly
ii. Enters or remains unlawfully
iii. Real estate

Front 106

crim law -- possession's of burglar's tools

Back 106

a. Possession of any tool, instrument, etc. adapted , designed or commonly used for committing or facilitating offenses involving unlawful entry, forcible breaking or opening, unlocking or overriding or disabling security devices, identity theft.
b. Under circumstances evidencing an intent to use or knowledge that another intends to use
c. To facilitate a theft.

Front 107

crim law -- CL arson

Back 107

1. Malicious
2. Burning
3. Of a dwelling of another.
a. NOT a barn or commercial structure
b. NOT your own house.

Front 108

crim law -- DE: 1st degree arson

Back 108

1. Intentional
2. Damage by fire or explosion
3. To a building, and
a. Building - Any structure, vehicle or watercraft.
4. D knows or knows there is a reasonable possibility of another person in building

Front 109

crim law -- DE: 2d degree arson

Back 109

1. Intentional
2. Damage by fire or explosion
3. To a building

Front 110

crim law -- DE: 3d degree arson

Back 110

1. Reckless
2. Damage by fire or explosion
3. To a building

Front 111

crim law -- DE: reckless burning

Back 111

a. Intentionally starts a fire or explosion, OR
b. Recklessly places a building or other real or personal property of another in danger of destruction or damage or places another person in danger of physical injury.

Front 112

crim law -- DE: criminal mischief

Back 112

a. Intentionally or recklessly
b. Damages
c. Tangible property of another
i. NOTE Property valued at $5K or more = a felony

Front 113

crim law -- DE: 1st, 2d, and 3d degree perjury

Back 113

i. First Degree (FELONY)
1. Swears falsely,
2. Testimonial false statement is material.
ii. Second Degree (FELONY)
1. Swears falsely,
2. Written instrument under oath,
3. Intent to mislead a public servant,
4. False statement is material,
iii. Third Degree (MISDEMEANOR)
1. Swears falsely.

Front 114

crim law -- DE: carrying a concealed deadly weapon

Back 114

1. Carrying a (1) concealed (2) deadly weapon (3) upon or about the person (4) without a license.
a. NOTE  No merger with offense of possession of a deadly weapon during commission of a felony

Front 115

crim law -- DE: Possession of a deadly weapon by a prohibited person

Back 115

a. Following individuals may not possess, purchase, own, or control a deadly weapon:
i. Felony or misdemeanor conviction for crime of violence and physical injury, or
ii. Prior commitment to mental facility (unless certified as no longer in need of treatment), or
iii. Conviction of use or possession of drug, or
iv. Delinquent juvenile involving crimes that are adult felonies (until 25), or
v. Any juvenile if deadly weapon is a handgun (unless engaging in lawful hunting, sporting or recreational activity under adult supervision), or
vi. Person subject to a protection from abuse order from family court, or
vii. Prior conviction for a crime involving domestic violence

Front 116

crim law -- DE: unlawfully permitting a minor access to a firearm

Back 116

a. Intentionally or recklessly storing a
b. Loaded firearm
c. Within reach or easy access of a minor, and
d. Minor obtains firearm and uses it to inflict serious physical injury or death upon himself or another.

Front 117

crim law -- DE: trafficking

Back 117

1. Possession
2. Of a specific quantity od drugs
a. Cocaine minimum 10 grams
b. Marijuana minimum 5 lbs.
c. Heroin minimum 2.5 grams
d. PCP minimum 5 grams
e. LSD  minimum 50 dosage units
3. NOTE A separate offense from PWID.

Front 118

crim law -- DE: DUI

Back 118

1. Driving or actual physical control of a vehicle
2. While under the influence of alcohol or drugs
a. Alcohol -- minimum .08 BAC.

Front 119

crim law -- DE: 1st degree vehicular assault

Back 119

1. Driving vehicle
2. Under influence of alcohol/drugs
3. Negligently causing serious physical injury

Front 120

crim law -- DE: 2d degree vehicular assault

Back 120

1. Driving vehicle + negligently causes serious physical injury, OR
2. Driving vehicle + under the influence + causes physical injury

Front 121

crim law -- DE: Exploitation of Infirm Adult

Back 121

i. Illegal or improper use of resources or rights
ii. Of an infirm adult
iii. Value of which exceeds $500.

Front 122

crim law -- DE: Stalking

Back 122

1. 4 or more separate events
2. Directed at a specific person
3. Which causes a fear of physical injury or other significant mental anguish or distress

Front 123

crim law -- DE: Harassment

Back 123

1. Intent to harass, annoy or alarm another, D acts in a manner likely to provoke a violent or disorderly response, OR
2. D communicates by phone or other written or electronic means in a manner likely to cause annoyance or alarm.

Front 124

crim law -- DE: Hate Crimes

Back 124

Intentional selection of victim because of victim’s race, religion, color, disability, national origin or ancestry to interfere with victim’s exercise of 1st amendment rights
i. Effect? Upgrades underlying crime.