Mpc Provisions

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1.02(1)

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General purposes of provisions governing definitions of defenses:
(a) forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm
(b) to control persons whose conduct indicates that they are disposed to commit crimes
(c) to safeguard conduct that is without fault
(d) to give fair warning
(e) to differentiate on reasonable grounds between serious and minor offenses

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1.02(2)

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General purposes of provisions governing sentencing and treatment:
(a) to prevent the commission of offenses
(b) to promote the correction and rehabilitation of offenders
(c) to safeguard offenders against excessive, disproportionate or arbitrary punishment
(d) to give fair warning
(e) to differentiate among offenders
(f) to define, coordinate and harmonize the powers, duties and functions of the courts and officers

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2.01(1)

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A 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)

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The following are not voluntary acts:
a reflex or convulsion
a bodily movement during unconsciousness or sleep
conduct during hypnosis
a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

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2.01(3)

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Liability for the commission of an offense may not be based on an omission unless:
(a) the omission is expressly made sufficient by the law defining the offense; or
(b) a duty to perform the omitted act is otherwise imposed by law

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2.01(4)

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Possession is an act if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession

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2.02(1)

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Except for absolute liability, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

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2.02(2)

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2.02(2) Kinds of culpability defined:
(a) Purposely. A person acts purposely when
(i) if the element involves the conduct or result, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
(b) Knowingly. A person acts knowingly when:
(i) conduct or attendant circumstance, he is aware that his conduct is of that nature or that such circumstances exist; and
(ii) if the element involves a result, he is aware that it is practically certain that his conduct will cause such a result.
(c) Recklessly. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that law-abiding person would observe in the actor's situation.
(d) Negligently. Ap erson acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. Failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

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2.02(3)

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2.02(3) Culpability required unless otherwise provided.
When culpability sufficient to establish a material element is not prescribed by law, reckless is the minimum.

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2.02(4)

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2.02(4) One for all

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2.02(5)

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2.02(5) Each level of culpability can be substituted by a level above it.

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2.02(6)

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2.02(6) Requirement of purpose satisfied if purpose is conditional.

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2.02(7)

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2.02(7) Knowledge is established if person is aware of a high probability of its existence, unless he actually believes that it does not exist.

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2.02(8)

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2.02(8) Wilfulness satisfied by acting knowingly

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2.02(9)

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2.02(9) Ignorance of the law is no excuse, unless the law so provides.

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2.02(10)

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2.02(10) Grade or the degree shall be the lowest for which the determined culpability is established.

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2.03(1)

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Conduct is the cause of a result when:
(a) it is an antecedent but for which the result in question would not have occurred; and
(b) the relationship between the conduct and result satisfies any additional causal requirements imposed by the Code or by the law defining the offense.

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2.03(2)

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2.03(2) When purposely or knowingly, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:
(a) the actual result differs from that designed or contemplated, only in the respect that a different person or different property is injured or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or
(b) the actual result involves the same kind of injury or harm as taht designed or contemplated and is not too remote or accidental in its occurrence to have a just bearing on the actor's liability or on the gravity of his offense.

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2.03(3)

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When recklessly or negligently, the element is not established if the actual result is not within the risk of which the actor is aware or should be aware if negligence, unless:
(a) actual result differs from the probable result only in the respect that a different person or different property is injured or that the probable injury or harm would have been more serious or more extensive than that caused; or
(b) the actual result involves the same kind of injury or harm as the probably result and is not too remote or accidental in its occurrence to have a just bearing on the actor's liability

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2.03(4)

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2.03(4) Absolute liability, element is not established unless the actual result is a probable consequence of the actor's conduct.

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2.04(1)

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2.04(1) Ignorance or mistake as to a matter of fact or law is a defense if: (a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness, or negligence required to establish a material element of the offense; or (b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

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2.04(2)

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2.04(2) Defense is not available if D would be guilty of another offense had the situation been as he supposed. In such case, the ignorance or mistake shall reduce the grade and degree to those of the offense of which he would be guilty had the situation been as he supposed.

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2.04(3)

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A belief that conduct does not legal constitute an offense is a defense when: (a) the statute defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged or (b) he acts in reasonable reliance upon an official statement of the law, afterwards determined to be invalid or erroneous.

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2.04(4)

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The defendant must prove a defense arising under 2.04(3) by a preponderance of the evidence.

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2.05(1)

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The requirements of culpability do not apply to: (a) violations or (b) offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability for such offenses.

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2.05(2)

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2.05(2) (a) When absolute liability is imposed, the offense constitutes a violation and (b) although absolute liability is imposed, the culpable commission of the offense may be charged and proved.

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2.06(1)

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2.06(1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

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2.06(2)

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2.06(2) A person is legally accountable for the conduct of another person when: (a) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or (b) he is made accountable for the conduct of the other person by the Code or by the law defining the offense; or (c) he is an accomplice of such other person in the commission of the offense.

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2.06(3)

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2.06(3) A person is an accomplice if: (a) with the purpose of promoting or facilitating the commission of the offense, he: (i) solicits such other person to commit it; or (ii) aids or agrees or attempts to aid such other person in planning or committing it; or (iii) having a legal duty to prevent the commission of the offense, fails to make proper effort to do so; or (b) his conduct is expressly declared by law to establish his complicity.

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2.06(4)

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2.06(4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

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2.06(5)

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2.06(5) A person who is legally incapable of committing a particular offense himself may still be an accomplice to that offense.

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2.06(6)

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2.06(6) A person is not an accomplice if: he is a victim of that offense; or (b) the offense is so defined that his conduct is inevitably incident to its commission; or (c) he terminates his complicity prior to the commission of the offense and (i) wholly deprives it of effectiveness; or (ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

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2.06(7)

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2.06(7) An accomplice may be convicted regardless of whether the principal has convicted.

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3.04(1)

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3.04(1) Use of Force Justifiable for Protection of the Person
Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

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3.04(2)

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3.04(2) Limitations on Justifying Necessity for Use of Force
(a) The use of force is not justifiable under this Section:
(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
(1) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or
(2) the actor has been unlawfully dispossessed of the property and is making a re-entry or recaption justified by Section 3.06; or
(3) the actor believes that such force is necessary to protect himself against death or serious bodily harm.
(b) the use of deadly force is not justifiable unless the actor believes that such force is ncessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
(i) the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter;
(ii) the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(1) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor; and
(2) a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against who such action is directed.
(c) Except as required by paragraphs a and b, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

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3.04(3)

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3.04(3) Use of Confinement as Protective Force.
The justification afforded by this Section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of a crime.

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3.05(1)

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Use of Force for the Protection of Others
(1) Subject to the provision of this Section and of Section 3.09, the use of force upon or toward the person of another is justifiable to protect a third person when:
(a) the actor would be justified under 3.04; and
(b) under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using protective force; and
(c) the actor believe that his intervention is necessary for the protection of such other person.

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3.05(2)

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3.05(2) Notwithstanding Subsection (1):
(a) when the actor would be obliged under 3.04 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other perons; and
(b) when the person whom the actor seeks to protect would be obliged under 3.04 to retreat, etc., the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and
(c) neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling to any greater extent that in his own.

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3.09(1)

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3.09(1) The justification afforded by 3.04-3.07 is unavailable when: (a) the actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
(b) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search.

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3.09(2)

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3.09(2) When the actor believes that the use of force is necessary but the actor is reckless or negligent in having such believe or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

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3.09(3)

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3.09(3) When the actor is justified in using force but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded is unavailable in a prosecution for such recklessness or negligence towards innocent persons.

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5.01(1)

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5.01(1) A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:
(a) purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or
(b)when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it would cause such result without further conduct on his part; or
(c) purposely does or omits do do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

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5.01(2)

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5.01(2) Conduct shall not be held to constitute a substantial step unless it is strongly corroborative of the actor's criminal purpose. Without negativing the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law:
(a) lying in wait, searching for or following the contemplated victim of the crime;
(b) enticing or seeking to entice the contemplated victim to go to the place contemplated for its commission;
(c) reconnoitering of the place contemplated for the commission of the crime;
(d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;
(e) possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;
(f) possession, collection, or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances;
(g) soliciting an innocent agent to engage in conduct constituting an element of the crime.

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5.01(3)

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5.01(3) A person who engages in conduct designed to aid another to commit a crime which would establish his complicity under 2.06 is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.

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5.01(4)

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5.01(4) When the actor's conduct would otherwise constitute an attempt under (1) (b) or (1) (c) of this Section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevent its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.
Within the meaning of this Article, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

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5.02(1)

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5.02(1) A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages, or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.

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5.02(2)

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5.02(2) Uncommunicated Solicitation
It is immaterial under (1) that the 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)

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5.02(3) Renunciation of Criminal Purpose.
It is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

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5.03(1)

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5.03(1) Definition of Conspiracy.
A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
(a) agrees that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(b) agrees to aid in the planning or commission of such crime or an attempt or solicitation to commit such crime.

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5.03(2)

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Scope of Conspiratorial Relationship.
If a person guilty of conspiracy knows that person with whom he conspires has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.

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5.03(3)

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5.03(3) Conspiracy with Multiple Criminal Objectives
If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

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5.03(4)

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5.03(4) Joinder and Venue in Conspiracy Prosecutions
(a) Two or more persons charged with criminal conspiracy may be prosecuted jointly if:
(i) they are charged with conspiring with one another; or
(ii) conspiracies alleged are so related that they constitute different aspects of a scheme of organized criminal conduct.
(b) In any joint prosecution:
(i) no D shall be charged in any county other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or a conspirator; and
(ii) liability and evidence of another shall be enlarged by such joinder; and
(iii) the Court shall order a severance to any D who so requests, if it deems it necessary or appropriate to promote fairness.

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5.03(5)

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5.03(5) Overt Act. No person may be convicted of conspiracy to commit a crime, other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.

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5.03(6)

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5.03(6) Renunciation of Criminal Purpose
It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the succcess of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

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5.03(7)

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Duration of Conspiracy
(a) conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the D and by those with whom he conspired; and;
(b) such abandonment is presumed if neither the D nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and
(c) if an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.

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5.05(1)

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5.05(1) Grading. Attempt, solicitation, and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy. An attempt, solicitation, or conspiracy to commit a felony of the first degree is a felony of the second degree.

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5.05(2)

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5.05(2) Mitigation. If the particular conduct charged to constitute a criminal attempt, solicitation, or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense, the court shall exercise its power to enter judgment and impose sentence for a crime of a lower grade or degree or, in extreme cases, may dismiss the prosecution.

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5.05(3)

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Multiple Convictions.
A person may not be convicted of more than one offense defined by this Article for conduct designed to commit or to culminate in the commission of the same crime.

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2.10(1)

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2.10(1) Criminal Homicide
(1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.
(2) Criminal homicide is murder, manslaughter, or negligent homicide.

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2.10(2)

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2.10(2) Murder
(1) Except for EMED, criminal homicide constitutes murder when:
(a) it is commited P or K; or
(b) it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.
(2) Murder is a felony of the first degree.

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2.10(3)

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2.10(3) Manslaughter
(1) Criminal homicide constitutes manslaughter when:
(a) it is committed recklessly; or
(b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.
(2) Manslaughter is a felony of the second degree.

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2.10(4)

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2.10(4) Negligent Homicide
(1) Criminal homicide constitutes negligent homicide when it is committed negligently.
(2) Negligent homicide is a felony of the third degree.

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2.13(1)

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2.13(1)
(1) Rape. A male who has sexual intercourse with a female not his wife is guilty of rape if:
(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or
(b) he has substantially impaired her power to appraise or control her conduct by administering without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or
(c) the female is unconscious; or
(d) the female is less than 10 years old.
Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree.

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213.1(2)

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213.1(2) Gross Sexual Imposition
A male who has sexual intercourse with a female not his wife commits a felony of the third degree if:
(a) he compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or
(b) he knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct; or
(c) he knows that she is unaware that a sexual act is being committed upon her or that she submits because she mistakenly believes that he is her husband.

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213.2(1)

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213.2(1) Deviate Sexual Intercourse by Force or Imposition
(1) By force or its equivalent.
A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the second degree if:
(a) he compels the other person to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or
(b) he has substantially impaired the other person's power to appraise or control his conduct, by administering without the knowledge of the other person drugs, intoxicants or other means for the purpose of preventing resistance; or
(c) the other person is unconscious; or
(d) the other person is less than 10 years old.
Deviate sexual intercourse means sexual intercourse per os or per anum between human being who are not husband and wife, and any form of sexual intercourse with an animal.

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213.2(2)

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213.2(2) By other imposition.
A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the third degree if;
(a) he compels the other person to participate by any threat that would prevent resistance by a person of ordinary resolution; or
(b) he knows that other person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct; or
(c) he knows that the other person submits be he is unaware that a sexual act is being committed upon him.