Model Penal Code - Brickey - 2009

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2.01(1) - voluntary acts, omissions, possession as an act

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1) person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act, or the omission to perform an act of which he is physically capable

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2.01(2) - what do not constitute voluntary acts?

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2) the following are not voluntary acts
a) reflex/convulsion
b) bodily movement during unconsciousness or sleep
c) act during or resulting from hypnosis
d) other bodily movement that is not the product of effort or determined by acotr

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2.01(4) - possession

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4) possession is an act if possessor knowingly procured or received the thing possess, OR was aware of his control thereof for a sufficient period to be able to terminate his possession

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210.0 (1) - criminal homicide - human being

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1) human being: a person who has been born and is alive

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210.0 (2) - criminal homicide - bodily injury

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2) bodily injury: physical pain, illness, or any impairment of physical condition

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210.0 (3) - criminal homicide - serious bodily injury

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3) serious bodily injury: bodily injury which creates a substantial risk of death

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210.0 (4) - criminal homicide - deadly weapon

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4) deadly weapon: any firearm or other weapon/substance, either animate or inanimate, which in the manner it used or intended to be used is known to be capable of producing death or serious bodily injury

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210.1 (1) - criminal homicide - mens rea levels

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1) person is guilty of criminal homicide if he purposeful, knowingly, recklessly, or negligent causes the death of another human being

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210.1(2) - criminal homicide - types

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2) criminal homicide is murder, manslaughter, or negligent homicide

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210.2 (1) - criminal homicide - murder

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1) murder occurs when
a) it occurs purposely or knowingly
b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. This reckless indifference is presumed is actor is engaged in or accomplice to robbery, rape, deviate sexual intercourse by force/threat of force, arson, burglary, kidnapping, or felonious escape.

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210.2 (2) - criminal homicide - murder

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2) murder is felony of first degree

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210.3 (1) - criminal homicide - manslaughter

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1) manslaughter occurs when
a) committed recklessly
b) homicide which would otherwise be murder is committed under influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. Shall be determined from viewpoint of person in actor's situation under circumstances as he believes them to be.

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210.3 (2) - criminal homicide - manslaughter

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2) manslaughter is felony of the second degree

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210.4 (1) - criminal homicide - negligent homicide

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1) criminal homicide constitutes negligent homicide when it is committed negligently

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210.4 (1) - criminal homicide - negligent homicide

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2) negligent homicide is a felony of the third degree

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2.02(2a) - purposely

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a person acts purposefully when
i) it is his conscious object to engage in conduct of that nature of cause the result
ii) if element involves attendant circumstances, he is aware of the existence of such circumstances or believes/hopes they exist

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2.02(2b) - knowingly

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a person acts knowingly when
i) person is aware that his conduct or circumstances fulfill element of crime
ii) person is aware that his conduct is practically certain to have criminal result

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2.02(2c) - recklessly

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person acts recklessly when he consciously disregards a substantial and unjustifiable risk. Disregard for the risk involves a gross deviation from the standard of conduct of a reasonable law-abiding person.

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2.02(2d) - negligently

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a person is negligent when he should be aware of a substantial or unjustifiable risk. Risk must be of a nature that failure to perceive it is a gross deviation from the standard of conduct of a reasonable law-abiding person

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2.02(7) - willful blindness

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when knowledge of a particular fact is an element of the crime, knowledge is established if a person is aware of a high probability of its existence, unless he actually believes it does not exist.

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5.01(1) - criminal attempt - definition

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1) guilty of attempt to commit a crime if, acting with kind of culpability otherwise require for crime, he
a) purposely engages in conduct that would constitute the crime if the circumstances were as he believes them to be
b) does or omits something with the purpose of causing (or belief that such action will cause) an element of the crime
c) does or omits something that constitutes a substantial step in course of conduct planned to culminate in commission of crime (factual impossibility applies here too)

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5.01(2) - criminal attempt - substantial step

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substantial step must strongly corroborate with criminal purpose. may include
1) lying in wait
2) enticing victim to planned crime scene
3) scoping out crime scene
4) unlawful entry of crime scene
5) possession of materials to be used in crime that have no other lawful purpose
6) gather such materials near planned crime scene
7) soliciting innocent agent to engage in element of the crime

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5.01(3) - criminal attempt - accomplice attempt liability

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someone who's conduct makes them an accomplice per 2.06 is guilty of attempt even if crime is not committed or attempted by other person.

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5.02 (1) - criminal solicitation - defined

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1) definition: guilty of solicitation if
-with purpose of promoting/facilitating crime
-actor commands, encourages, or request another person
-to engage in specific conduct which would constitute crime or attempt to commit crime, or establish complicity

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5.02 (2) - criminal solicitation - uncommunicated solicitation

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it is immaterial if actor fails to communicate with the person he solicits to commit a crime, if his conduct was designed to effect such communication

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5.02 (3) - criminal solicitation - renunciation

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actor may raise affirmative defense of renunciation if
--he persuades solicited party not to commit crime
--he otherwise prevents commission of crime
--circumstances manifest complete and voluntary withdrawal

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5.03 (1) - criminal conspiracy - definition

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guilty of conspiracy with another person(s) if, with purpose of promoting/facilitating crime, he:
a) agrees that with other person(s) they will engage in attempt, solicitation, or commission of crime
b) agrees to aid/abet other person(s) in attempt, solicitation, or commission of crime

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5.03 (2) - criminal conspiracy - scope of relationship

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if you are guilty of conspiracy and know co-conspirator has conspired with others, you are also guilty of conspiring with the others regardless of knowing their identity

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5.03 (3) - criminal conspiracy - multiple objectives

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if you conspire to commit many crimes, you are only guilty of one conspiracy so long as all crimes arise from same agreement or continuous conspiratal relationship

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5.03 (5) - criminal conspiracy - overt act

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not guilty of conspiracy unless there is an overt act in pursuance of such conspiracy is both alleged and proven (does not apply to 1st/2nd degree felonies, so murder/manslaughter)

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5.03 (6) - criminal conspiracy - renunciation

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complete and voluntary renunciation of conspiracy is an affirmative defense, only if you successfully thwart the crime(s) conspired to. (only way to get out of conspiracy completely)

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5.03 (7) - criminal conspiracy - duration

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a) duration of conspiracy terminates when crime is committed (merges) or agreement is abandoned by conspirators
b) conspiracy is abandoned if there is no overt act during relevant time period
c) if you abandon the conspiracy unilaterally, you are still liable for the initial conspiracy but limit your liability as to future substantive acts by co-conspirators. must advise co-conspirators and/or police of abandonment. don't have to notify unknown parties, but they must be able to get the message.

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5.03 - criminal conspiracy - does wharton's rule apply?

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NO - no reason to immunize a party just because the crime necessarily involves two people (adultery, dueling)

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5.03 - criminal conspiracy - bilateral or unilateral theory?

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UNILATERAL - as opposed to common law, MPC allows conspiracies to be formed unilaterally (aka, you can believe you are conspiring with someone even if that person does not actually conspire with you)

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5.03 - criminal conspiracy - does it merge with substantive crime?

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YES - MPC allows conspiracy to merge with substantive crime once it is committed (as opposed to common law where it is a substantive crime on its own)

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2.06 (1) - accomplice liability - defined

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1) guilty for conduct if it is committed by you, or by conduct of another for which you are legally accountable

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2.06 (2) - accomplice liability - when are you accountable for conduct of another?

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a) with specific intent, you cause innocent or irresponsible person to engage in offense
b) accountable by law
c) you are an accomplice

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2.06 (3) - accomplice liability - when are you an accomplice?

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when you have specific intent to
a) solicit such other person to commit an offense
b) aid, agree, or attempt to aid planning or committing offense
c) have legal duty to prevent commission of offense and fail to do so

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2.06 (5) - accomplice liability - legal incapacity

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if you are legally incapable of committing an offense, you may still be guilty if someone to whom you are legally accountable (your accomplice) commits the offense

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2.06 (6) accomplice liability - when is someone not an accomplice? (termination)

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you are not an accomplice to a crime when
a) you are a victim of that crime
b) your conduct is inevitably incident to the commission of the crime
c) complicity is terminated prior to the commission of the offense, AND
--you wholly deprive effectiveness of commission of the offense OR
--you give timely warning to law enforcement/otherwise make proper effort to prevent commission of offense

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2.06 (7) - accomplice liability - does principal need to convicted for accomplice conviction?

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NO - to be convicted as an accomplice, you need proof of commission of crime and of complicity

principal does not need to be prosecuted, convicted, and may have immunity