La Crim Law

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Parties

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• Principals→ all who directly commit act, aid in abet, or directly/indirectly counsel/procure other to commit it whether @ scene or not. Act of 1 principal are attributable to other principals but must show each had appropriate mens rea.
• Accessories after the fact- person after felony harbors/conceals/aids w/ actual or constructive knowl of felongy (F) and has intent to help avoid punishment

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Dangerous Weapon

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→ anything which in manner used is calculated/likely to produce death/GBH
Note→ the fact that a handgun is inoperable is irrelevant. It’s still a danW.

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Anything of Value

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corporeal/incorporeal, given broadest possible construction

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Classification of Crimes

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Felony¬: death or hard labor is sentence; Misdemeanor: crime that’s not a F

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Mens Rea

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Intentional: Gen- when offender is aware that crim conseq or reasonably certain they’ll result from act/omiss;
Specific: offender actively desires crim conseq to follow act/omiss.
Crim Neg: gross deviation below std of care maintained by reasonable careful man under like circumstances

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Self/Prop Defense

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must be necessarily, reasonable, & proportionate

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Voluntary Intoxication

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immat’l except to negate SI or special knowledge requirement of a crime

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Involuntary Intoxication

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if intox condition was direct cause of crim conduct D is exempt from crim responsibility OR to negate SI or special knowledge requirement of a crime

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1st Degree Murder

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the killing of a human being when D has SI to kill OR inflict great bodily injury AND either:
• is engaged in the perpetration or attempted perpetration of:
• agg ABE→ Arson, Burglary, Escape
• Kidnapping→ agg/2nd deg
• Rape→ agg/forcible
• Robbery→ armed/1st deg/2nd deg/simple
• assault by drive-by-shooting
• cruelty to juveniles OR
• terrorism
• or one of the following:
• upon FIREMAN or law enforcement OFFICER OR V younger than 12 or older than 65 OR
• murder for HIRE OR D is engaged in DRUG distribution/purchase or RITUALISTIC activities OR
• NO-CONTACT order b/w V & D OR V or family member is WITNESS to a crime

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2nd Degree Murder

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the killing of a human being when:
• offender has SI to kill OR inflict great bodily harm OR
• if no SI, when D’s engaged in perpetration/attempted perpetration of above felonies except terrorism OR
• when D unlawfully distributes/dispenses a ContrDangSubs that’s the direct cause of V’s death

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Manslaughter

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• That would be 2nd deg M, but the offense is committed: (think SIS)
• In sudden passion or heat of blood and
• Immediately caused by adequate provocation
• Sufficient to deprive an average person of his self-control and cool reflection
• Committed w/o any I to cause death or great bodily harm when either
• D is resisting lawful arrest in an inherently dangerous manner OR
• D is engaged in perpetration/attempted perpetration of any:
• Felony not listed under 2nd or 1st deg M
• Intentional misdemeanor directly affecting the person

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Negligent Homicide

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killing of human begin by crim neg (gross deviation below standard of care)

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Vehicular Homicide

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killing caused by D’s operation of vehicle when D’s under influence of drugs/alcohol

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Feticide

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1˚: like 2˚ murder; 2˚: like mansl; 3˚:like neg hom/vehic hom; part birth abortion is also feticide

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Crim Ass Suicide

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advising, encouraging or providing means w/ knowledge of use

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Types of Battery

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➢ Simple Battery→ I’al use of force/violence on another or I’al administration of a noxious substance to another w/o V’s consent
• agg→ simple w/danW
• 2nd deg→ simple + I’al infliction of Serious Bodily Injury
• agg 2nd deg→ simple + agg + 2nd deg

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Types of Assault

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➢ Simple Assault→ an attempt to commit a battery or I’al placing of another in reasonable apprehension of receiving a battery w/o V’s consent
• agg→ simple w/danW
• agg assault w/firearm→ assault cause by the discharge of a firearm

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Negligent Injury

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inflicting injury by Crim Neg; violation of statute =presumption

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Vehicular Injury (Types)

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injuring person by operating a car/boat etc while under influence of alc/drugs; 1˚vehicular- Vehicular +serious bodily injury

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intimid by ofc

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threats or violence to get a confession from one in custody

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Terrorizing

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int’l comm. of info re impending harm to cause fea

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Stalking

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int’l and repeated following or harassing causing alarm or distress * not priv investigator;
cyberstalking- use of email to extort, threaten, harass;

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X-burning

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burning a X on prop of another

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Robbery Types

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➢ Simple Robbery→ taking of anything of value belonging to another from their person or immediate control
• armed→ simple + by use of force/intimidation + while armed w/danW
• 1˚→ same as armed, but D only leads V to believe he’s armed w/danW
• 2˚→ simple + D inflicts SBI

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Carjacking

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Int’l taking of motor vehicle belonging to another in presence of person in poss by force or intimidation;

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Purse Snatching

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theft of anything of value w/in purse/wallet from person of another or while in immediate control thru force/indimid or snatching (not armed);

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Extortion

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comm. threats to another w/ intent to obtain anything of value or any advantage

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Theft

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misappropriation/taking w/o consent (or by means of fraud) of anything of value belonging to another w/SI to permanently deprive
• Unauthorized use of access card→ D does any of following w/I to defraud: (1) uses forged access card, (2) makes reference to a non-existence access card, (3)steals an access card, or (4) uses card w/o consent
• Possession of Stolen Things→ I’al possessing/procuring/receiving/concealing of anything of value that has been the object of robbery/theft, under circumstances that indicate the offender knew or had good reason to believe that the thing was the subject of one of these offenses. Afirm D- notify DA w/in 72 hrs

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Rape Types

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anal/oral/vaginal intercourse w/o consent (penetration required)
• agg→ 2 or more offenders OR V is:
• older than 65 or younger than 13
• resists to utmost but is overcome by force
• is prevented from resisting by credible threats of death/ GBH, danW, or physical/mental infirmity
• forcible→ V doesn’t resist b/c threats of violence & reasonably believes resistance won’t prevent rape OR V can’t resist b/c drugged by D
• Agg if V doesn’t resist b/c D has danW or threatens death or GBH. Forcible if D makes a lesser threat
• simple→ D knew V was either intoxicated or incapable of understanding act OR V believed D was H

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Misc Sex Crimes

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CPU aided olicitation for sex of V <17 yrs by person 17+ w/ 2 yrs age difference; indecent behavior w/ juvy including seeking arousal via net when V under 17 and P is 2+ yrs older; prohibited sex b/wn student and ‘educator’- student is 17-19, educator can be coach, consent or ignorance of age not defense

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Sexual Battery

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V didn’t consent OR consent by non-spouse V under 15 and 3 yrs younger than the perp AND P: touched V’s genits or made V touch P’s genits (infant care not included) 2˚- P touched anus/genits of V or made V touch P’s AND P int’ly inflicts SBI; Oral- same as sex bat by w/ tongue; Int’l Exposure to AIDS- exposure to AIDS thru any means w/o V’s knowledge and lawful consent

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Int’l Exposure to AIDS

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exposure to AIDS thru any means w/o V’s knowledge and lawful consent

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Carnal Knolwedge of Juvy

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F- consens pent of non-spouse where P is >=17 and V is 13-16 AND 4 yr age dif; misdemeanor- same but age is 2-3 yr difference- if prior misd then it becomes felony

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Kidnapping Types

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➢ Agg Kidnapping→ forcible seizing & carrying or forcibly Secreting or persuading person to go from 1 place to another w/I to force V to give up anything of value to secure the relesase
• 2nd deg→ agg + V’s: (most common on bar)
• used as a shield hostage
• used to facilitate felony or flight from felony
• imprisoned when D has or suggests he has danW
• imprisoned for more than 72+ hrs
• injured or sexually abused
• Simple- int’l and forcible seizing and carrying of person from one place to another w/o consent; int’l taking for unlawful purpose of child of another <14 w/o consent of parent/guardian; int’l taking of institutionalized person w/o authorities consent; int’l taking child out of state from custodian w/ intent to defeat jurisdiction

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False Imprisonment

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➢ False imprisonment w/danW→ unlawful, I’al confinement of another while armed w/danW

False Imprisonment- Int’l confine/detention of another w/o consent or proper legal authority

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Human Trafficking

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recruiting/harboring/soliciting/transp. person to provide services/labor thru force etc.

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Interference w/ child custody

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taking minor by parent w/o rt. of custody w/ intent to take kid from parent w/ rt to custody

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Burglary Types

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➢ Simple Burglary→ unauth entering of dwelling/vehicle/structure/cemetery w/I to commit F/theft
• agg→ simple BUT not cemetery + inhabited or person present + when D either:
• is armed or becomes armed w/danW OR
• commits a battery upon any person while in such place
• simple of inhabited dwelling→ unauthorized entry of structure used as home w/I to commit felony/theft
• simple of pharmacy→ unauthorized entry w/I to commit theft of drugs
Note→ D must have requisite I upon entering. If he only develops I later, he’s guilty of criminal trespass

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Criminal Trespass

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entering/remaining on movable/immovable owned by another w/o authorization

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Remaining when Forbidden

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no person shall w/o authority remain in any structure belonging to another a/f having been forbidden to do so orally

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Looting

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int’l entry of any Imov/mov when normal security not present b/c force majeure/riot if in state of emergency enhanced penalties

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Unauth Entry

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1) Critical infrastructure; 2) inhab dwelling; 3) place of biz, 4) dwelling during disaster-int entry to w/o authority (no intent of F/theft)

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Home Invasion

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unauth entry of home when person present w/ SI to use force to harm person/prop

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Arson Types

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Simple Arson→ I’al damaging by explosion/fire of prop w/o consent
• agg→ simple BUT structure/movable + foreseeable that human life might be endangered
• similar crimes: manuf/poss: incendiary devices/ bomb; fake explosive device to threaten/influence; comm. false info re arson/school bombing

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Crim Damage to Prop Types

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Simple Crim Damage to Prop→ I’al damaging of prop w/o consent other than by fire/explosion
• agg→ simple BUT structure/movable + foreseeable that human life might be endangered
• Note→ D must have I to damage the prop. Can’t be accidental
• Similar crimes- crim damage to: coin op device; pipeline; genetically engine crops; graffiti; contaminating H2O supplies

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Crim Conspiracy

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agreement/combination of 2+ people for specific purpose of committing any crime and 1 party has done an overt act in furtherance of the agreement/combination
• Each party must have the I to agree as well as the I to commit a specific crime.
• The acts & statements of 1 conspirator during the course of & in furtherance of the conspiracy are attributable not only to that party, but all the conspirators.

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Inciting a Felony

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endeavor by one person to incite/procure another person to commit a felony

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Reckless operation

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operation of vehicle in a crim neg/reckless manner

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Disturbing the peace

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→ doing any of the following when it’s foreseeable it would alarm/disturb the public:
• (1) fist fighting, (2) using offensive wds, or (3) appearing in an intoxicated condition

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Firearms

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possession by felon, supplying a felon, or I’al concealment, poss on premises of Alc Bev outlet

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Resisting an Officer

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I’al interference or resisting lawful arrest

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Flight from Officer

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failure to bring vehicle to stop after visual & audible signal when officer has PC to believe driver has committed a crime
• agg→ same + wherein human life is endangered

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Obstruction of Justice

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E tampering or W threatening when act has/may affect potential crim proceeding

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Compounding F

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getting $ from P to agree obtain agreement to w/hold info re F

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Drugs

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possession or possession w/I to distribute

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Perjury

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I’al making of a false written/oral statement under oath in or for use in a judicial proceeding when the statement relates to a matter mat’l to issue/Q in controversy

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Incohate Crimes Types

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- attempted ____ : having SI to commit crime, doing or omitting act for purpose of accomplishing obj;
conspiracy: agmnt or combination of 2+ peeps for specific purp of committing crime or overt act in furtherance of;
solicitation for murder;
inciting felony: inciting/procuring another to commit F

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Motor Vehicles- DWI:

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operating vehicle (w/ or w/o license) while: under influence of alc/CDS/lawful drug taken in excess/ combo of these, or if Bac= .08+;

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Motor Vehicles - Others

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Reckless op of vehicle; hit/run: int’l failure to stop and give ID and to render aid @ scene of accident; forging insurance cards

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Defenses

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• Duress- threat of death or GBH to D, D reas believes person is present and harm is imminent, NO def to murder
• Mistake- Fact- reas mistake of fact precluding mental element unless statues says o/wise; law- ign is no defense unless D reas relied on act of repeal by legislature OR D reas relied on judgment of Sup Ct that a law was unconst.
• Insanity- D incapable of disting rt/wrong due to mental defect/disorder
• Infancy- D less than 10 yrs old

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Justification - Just Homicide

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Self D- D is in imminent danger of GBH and killing is necessary to save self (must have prior w/draw); prevent F- force used to prevent violent or forcible F involving GBH/D has reas belief F was imminent and that force was necessary; shooting burglar- D used force against person in dwelling/biz/car committing burglary/robbery and person was likely to use unlawful force on occupant; intruder¬ – D used force against person unlawfully in or attempting to get in dwelling/biz/car and D was lawfully inside and D had reas belief deadly force was necessary to prevent entry or compel intrud to go
• Presumption that if D is lawfully inside the force was necessary to prevent entry

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Justification - NonLethal Force

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D used force to prevent forcible offense or trespass against prop in a person’s lawful poss; force reasonably and apparently necessary to prevent offense

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Justification - Law Enforcement

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Law enforcement- conduct is authorized if in reasonable fulfillment of duties

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Justification - Defense of Others

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If person attacked could do it themselves you can do it for them BUT mistake no defense