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108 Cards in this Set

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Def: Physical Injury
Impairment of physical condition or substantial pain
Def: Serious Physical Injury
Substantial risk of death or actual death OR
serious and protracted disfigurement OR
protracted impairment of health OR
loss/impairment of bodily organ
Def: Deadly Physical Force
Force readily capable of causing death or serious physical injury
Def: Deadly Weapon
Loaded weapon capable of firing a shot capable of producing death or SERIOUS physical injury OR
knife/billy/blackjack/brass knuckles
Def: Dangerous Instrument
Any item (including a vehicle) capable of causing death or SERIOUS physical injury
Def: Act
Bodily movement
Def: Voluntary Act
Bodily movement performed consciously as result of effort/determination -- includes possession if D was aware OR had time to terminate possession
Def: Omission (and examples)
Failure to perform act which D had duty to perform: K duty, assuming care and puting person out of reach, statutory duties, and Special relationship: parent/child, husband/wife, innkeeper/drunk, ship captain/passenger
Def: Conduct
Act or omission and accompanying mental state
Def: To Act
Either perform an act OR omit to perform an act
Def: Culpable Mental State
Intentionally OR Knowingly OR Recklessly OR with Criminal Negligence
Def: Intentionally
Acts with conscious objective to cause result of conduct -- HOMICIDE
Def: Knowingly
Acts with awareness of nature or circumstance of conduct -- JOYRIDING
Def: Recklessly
Acts with awareness of and consciously disregards a substantial and unjustifiable risk -- KNOW BUT DON'T CARE (Bowling ball out window)
Def: Criminal Negligence
D fails to perceive a substantial and unjustifiable risk -- risk is such that failure to perceive it is a gross deviation from the standard of care (reasonable person) -- DON'T KNOW BUT SHOULD (pointing gun that may be loaded)
Def: Offense of Strict Liability
Offense does not require culpable mental state -- conduct is all that is required
Def: Offense of Mental Culpability
Every material element of offense requires culpable mental state
Will an offense that requires a particular culpable mental state specifically state which one is necessary?
YES. When only one is listed, it applies to all elements of the offense unless stated otherwise.
If an offense does not state a culpable mental state, is it a strict liability offense?
NO. All strict liability crimes specifically state that they are strict liability.
NYPL: When does Mistake of Fact relieve criminal liability?
a) When factual mistake negatives culpable mental state required (took the wrong book)
b) When statute states that MoF constitutes defense or exception
c) When MoF supports defense of Justification (35.00) -- attack on practical joker with fake gun
When does Mistake of Law relieve criminal liability?
When founded on official statement of law in
a) statute/enactment
b) administrative order or grant of permission
c) judicial decision of state/federal court
d) interpretation of law officially made by agency charged with such law
When does Mistake of Fact not negative the term "knowingly" in an offense?
When the offense pertains to the age of a child, knowledge of child's age is irrelevant, such as in statutory rape.
"Dude, she said she was sixteen!"
Is intoxication a defense to a criminal charge?
Intoxication is not a defense on its own, but may be offered to negative an element of the charge.
When is one person Criminally Liable for the conduct of another? (GENERALLY)
When, acting with the culpable mental state required, they solicit, request, command, importune, or intentionally aid the person to engage in the conduct.
What defenses FAIL when one is charged with criminal liability for another? (GENERALLY)
a) Other person acquitted because of incapacity or exemption, or lack of mental state, or ignorance of nature of act;
b) Other person not prosecuted, or has legal immunity;
c) other person legally incapable of committing said offense
(ie. Can't get off the hook if you get a retard/undercover cop to commit a crime for you)
Is Justification an available defense for any offense?
NYPL: When is conduct constituting an offense justifiable and not criminal?
a) When required or authorized by law or by judicial decree, or when performed by public servant in line of duty
b) When necessary as an emergency measure to avoid an imminent public/private injury, which (1) is about to occur through no fault of the actor, and (2) is of such gravity that avoiding it outweighs the desirability of avoiding the offense being committed(REASONABLE PERSON)
When is the criminal use of physical force justifiable and therefore not criminal?
a) Self-defense or defense of third person from IMMINENT use of UNLAWFUL force
b) To prevent Larceny of or criminal mischief to property
c) To effect an Arrest (only if D CORRECTLY believed 3rd party had committed an offense) or prevent escape from custody
d) Defense of Premises
NYPL: When can D NOT use physical force in defense of self or other?
* Attacker's conduct was provoked by D with intent to cause physical injury to another person OR
* D was initial aggressor, unless D has withdrawn and clearly communicated withdrawal OR
* Physical force is product of agreement not authorized by law (duels)

ALSO Cannot use physical for force to resist arrest or assist other to resist arrest
NYPL: When, in general, can D justifiably use deadly physical force against another?
a) When D believes that attacker is using/about to use deadly force. NOTE: Duty to Retreat, except when in home AND not initial aggressor, OR when following Police Officer's direction
b) D believes that person is about to commit kidnapping, forcible rape, forcible criminal sexual act, or robbery
c) D reasonably believes that person is committing burglary of dwelling or occupied building that D is resident/tenant of, and uses force to prevent/terminate burglary
d) When D is preventing commission of arson
Arson, Burglary 9of your home)
comitting (Kidnap, Robbery, Sex Crimes)
Defense of self or other
BRAKS (Burglary (of your home) Robbery, Arson, Kidnapping, Sex Crimes (including rape)
Deadly force (imminent
Can D use deadly physical force to prevent larceny or criminal mischief?
NO. D may only use physical force to prevent larceny or criminal mischief with respect to premises or other property.
NYPL: Can D use physical force to resist arrest?
NO. It does not matter if arrest is authorized or unauthorized.
When may a police officer use deadly physical force to prevent escape or make an arrest?
a) When offense/attempt is a felony involving use or threat of imminent physical force against a person
b) BAKE crimes: Burglary, Arson, Kidnapping, Escape
c) When used in defense of self or other from deadly physical force
d) Escape from/resisting arrest for ANY felony if D becomes armed with a firearm/deadly weapon while escaping/resisting
When can a person being directed by a police officer to effect an arrest use deadly physical force?
a) When he reasonably believes it is necessary in defense of self or other from what he reasonably believes is imminent deadly physical force
b) When directed by police officer to use deadly physical force unless he knows that the officer is not authorized to use such force
When can a person use deadly physical force to effect an arrest of a person, where a police officer is not present?
a) To defend himself or a 3rd party from what he reasonably believes to be imminent deadly force OR
b) When arrestee committed murder, manslaughter, robbery, forcible rape, or a forcible criminal sexual act, and is attempting escape

Def: Duress
Coercion by use or threatened use of unlawful physical force, which reasonable person would have been unable to resist.
When is duress not available as a defense?
When D intentionally or recklessly places themselves in a situation in which it is probable that they will be subject to duress.
NYPL Def (long): Entrapment
Active inducement or encouragement of D by public servant to commit offense for the purpose of obtaining evidence. Methods used create substantial risk of commission in one not otherwise disposed to commit the offense.
Must be active -- providing opportunity for a crime is not entrapment (drug stings).
NYPL Def: Mental disease or defect defense
Affirmative defense -- D must prove insanity
D must have lacked, at time of crime, substantial capacity to know or appreciate either
a) Nature and Consequence of conduct OR
b) that conduct was Wrong
Entirely COGNITIVE test, no volitional elements
Def: Criminal Solicitation
With intent that another commit a crime, D solicits, requests, commands, attempts to cause such person to commit such crime.
Felony when crime is major felony, or when it is an adult-child relationship and a felony crime.
If D criminally solicits person to commit crime, but that person cannot by convicted, does D have a defense?
NO. Criminal solicitation stands on its own, and does not require a conviction of the solicitee.
Can criminal solicitation be an "add-on charge" for a crime when it is necessary for the commission for the crime?
NO. D is not guilty of criminal solicitation when the solicitation is necessarily incidental to the crime committed.
NYPL: Elements of Conspiracy charge and degree raisers.
* With intent that a crime be committed D agrees with one or more persons to engage in or cause the performance of such crime.
* Overt act is proved to have been committed by one of the conspirators
Is an actual overt act required to convict D of conspiracy?
YES. It must be proven that an overt act was committed by one of the conspirators in furtherance of the conspiracy.
If D's co-conspirator cannot be convicted, does D have a defense?
NO. Conspiracy can stand alone as a charge.
If you conspire with an undercover cop, who cannot be convicted, you can still be charged with conspiracy.
NYPL Def: Attempt
With intent to commit a crime, D engages in conduct which tends to effect the commission of such crime.

D can be charge with Attempted X. The punishment will be a lighter version (one degree down?) of the substantive crime.
If D confusedly tries to break into a house, is arrested by the police, and it is found that he owns the house, is he guilty of attempt?
YES. If it would have been a crime had the circumstances that D believed were true, it is sufficient mens rea for attempt.
(If not his house, would've been trespass)
NYPL: If D enters a bank legally, and chants furtively for the fairies to come and rob the bank for him, is he guilty of attempt?
NO. Inherent impossibility precludes this.

(Great Dwarf of Svartelheim is also a no-go)
When does factual or legal impossibility fail as a defense to a charge of attempt?
When the crime could have been committed if the circumstances were as D believed AND D's belief is not inherently impossible (use of ghosts to steal museum piece).
Def: Criminal Facilitation
Believing it probable that he is rendering aid:
1) To a person who intends to commit a crime, he provides such person with means or opportunity to commit such crime and which does in fact aid such person to commit A FELONY (not necessarily the one he intended to aid) -OR-
2) (16-) intending to commit crime and aids them to commit a crime (doesn't have to be felony)
Is it a defense to a charge of criminal facilitation that the facilitatee cannot be convicted?
NO. Criminal facilitation can stand on its own, and does not require any other conviction.
Can the testimony of a convicted felony on its own convict another person of criminal facilitation?
NO. A person cannot be convicted of criminal facilitation only on the testimony of the facilitatee -- must be more evidence.
NYPL: What are the elements of assault third degree?
* Intent to cause physical injury, and causes actual injury to target or third person OR
* Reckless causation of physical injury OR
* With criminal negligence, causation of physical injury with deadly weapon or dangerous instrument
What are the elements of assault second degree?
* Intentionally causes SERIOUS physical injury to target or third person OR
* Intentionally causes physical injury to target or third person with deadly weapon or dangerous instrument OR
* Causes physical injury to PO/EMT/fireman/etc. with intent to prevent lawful duty OR
* Recklessly causes SERIOUS physical injury to person with deadly weapon or dangerous instrument OR
* Administers drug without consent (roofies) OR
* Causes physical injury while committing or fleeing from a felony OR
* Causes physical injury to person while incarcerated OR
* 18+ with intent to cause physical injury to person -11 recklessly causes SERIOUS physical injury OR
* 18+ intentionally causes physical injury to person -7 OR
* Intentionally causes physical injury to school employee OR
* Non-student intentionally causes physical injury to student on school grounds OR
* Intentionally causes physical injury to NY transit emmployee

Broken down into levels:
SPI (intent)

*SPI (reckless)*
w/ weapon
Kid under 11 (intent to cause PI)

*PI + intent*
w/ weapon
Kid under 7
School grounds/employee

*PI w/o intent*
Cop or James but w/ intent to hinder duty
while felony or fleeing

Roofies / non-consent drug
11 elements
What distinguishes gang assault from the charge of assault?
Gang assault requires an intentional assault on a person with the aid of two or more persons actually present.
Charge requires serious physical injury.
What are the elements of "Assault on a peace officer, police officer, firemen or emergency medical services professional?"
* Intent to prevent officer from performing lawful duty AND
* Causation of SERIOUS physical injury
NOTE: Intent to cause injury is not necessary
NYPL: What acts constitute assault first degree?
* Intentionally causes SERIOUS physical injury to target or third person with deadly weapon or dangerous weapon OR
* Intentionally disfigures a person seriously and permanently or destroys/amputates/disables permanently a member/organ of their body OR
* Evincing depraved indifference D recklessly engages in conduct with grave risk of death and causes SERIOUS physical injury to person OR
* Causes SERIOUS physical injury to person while committing/fleeing from a felony

A - a weapon (SPI)
B - bodily harm (grave and intentional) (seriously fucks up)
C - committing / fleeing a felony (SPI)
D - depraved indifference (SPI)
What constitutes aggravated assault on a police officer?
* With intent to cause SERIOUS physical injury to person that D knows/should know is a police officer in the course of their duties, causes such injury with deadly weapon or dangerous instrument.
NYPL Def: Menacing
By means of physical menacing (displaying weapon, following, violating protection order, etc.) intentionally places another person in fear of death, imminent serious physical injury or physical injury.
Degree goes up with past conviction for same.
Def: Reckless endangerment
* Recklessly creating substantial risk of serious physical injury to another person (2nd degree) OR
* Evincing depraved indifference to human life, recklessly creates a grave risk of death to another person (1st degree)
Def: Immediate family
Spouse, former spouse, parent, child, sibling, or any other person who regularly resides or has resided in the household of a person (roommate)
Def: Stalking
Intentionally and without legitimate purpose engaging in conduct in order to:
* cause reasonable fear of material harm (health, safety, property) OR
* cause material harm to mental/emotional health OR
* cause reasonable fear for employment/business/career
Higher degree because of:
* multiple people stalked
* previous conviction
* witness/family intimidation
* display of weapons
* +21 v. -14
* causation of actual harm while stalking
Def: Homicide
Conduct which causes the death of a person or a +24-week unborn child
Def: Criminally negligent homicide
With criminal negligence, causes death of another person
Examples of manslaughter second degree
* Recklessly causes death of another person OR
* Causes death of mother from illegal abortion OR
* Intentionally causes or aids other person to commit suicide
(S.A.R. - Suicide, Abortion (mother), Reckless)
Elements of manslaughter first degree
* With intent to cause SERIOUS physical injury causes death of target or third person (accidental beat to death) OR
* With intent to cause death, does so while under influence of extreme emotional disturbance OR
* Causes death of mother with +24-week fetus from illegal abortion OR
* 18+ intending to cause physical injury to -11 recklessly causes death

Abortion (death of +24-week mother from illegal abortion)
Beating death (accidental killing while intending SPI)
Child (18+ intending to hurt -11)
Disturbed emotionally w/ intent (reasonable hunchback)
How is a suicide-related homicide charged?
Manslaughter second. Rarely, with duress or deception it could fall under another charge.
NYPL: What are the two affirmative defenses to murder second degree?
* Extreme emotional disturbance for which there is a reasonable explanation or excuse. Not reasonable person, but viewpoint of a person in D's situation under circumstances as D believed them to be (MANSLAUGHTER FIRST) OR
* Caused or aided, without duress or deception, suicide of another (MANSLAUGHTER SECOND)
What are the felony murder crimes?
* Burglary
* Robbery
* Arson
* Kidnapping
* Escape
* Sex crimes (rape, sexual abuse)
(Does not include death of co-felon, and no intent required)
What are the affirmative defenses for felony murder?
* Did not commit the homicide or solicit/aid/cause it AND
* Not armed with weapon AND
* Had no reasonable knowledge that co-felon had weapon AND
* Had no reasonable knowledge that co-felon intended significant violence

Negative ABC: Not Armed, didn't Believe other had weapon or intent to harm, didn't Commit the homicide.

NYPL: What can be charged as murder second degree?
* With intention to cause death of a person, causes the death of that person OR another person
* Evincing depraved indifference to human life, recklessly engages in conduct creating grave risk of death and causes death OR
* Felony murder (BRAKES) OR
* Evincing depraved indifference to human life, 18+ recklessly engages in conduct creating a grave risk of SPI OR death and causes death to -11 OR
* 18+ intentionally causes death to 14- while committing sex crime
Is Andrew Goldstein guilty of murder?
Andrew ... Goldstein .. is ... a ... victim.
nypl: What crimes can be charged as murder first degree?
Think big time -- 18+ intentionally causes death
* of police officer etc. while in line of duty
* while serving 15+-year sentence or while escapee
* of witness or immediate family member
* hitman-style killing
* trigger-man in BRAKES crimes
* previous murder conviction
* cruel and wanton (torture) killing
* serial killer (two or more in similar fashion in 2 years)
* kills a judge
* act of terrorism

(Lindsay's ABC's of Murder 1)
Act of terrorism
BRAKES (trigger man)
Convicted previously
[Dahmer] (Serial killer)
Escapee or prisoner
[Fallen] police officer in line of duty
[Gratuitous] cruelty and wanton (torture) killing
Imediate family of witness (or witness)
What are the affirmative defenses to murder first degree?
* D under influence of extreme emotional disturbance for which there is reasonable explanation or excuse. Reasonableness determined from a person in D's situation under circumstances as D believed them to be. (MANSLAUGHTER FIRST)
* Causing or aiding, without duress or deception, suicide of another (MANSLAUGHTER SECOND)
Def: Restrain
Restrict movement intentionally and unlawfully to interfere substantially with liberty without consent(by confining, moving, or both).
Without consent means:
* physical force, intimidation or deception
* person is child -16 or incompetent, and guardian has not agreed
Victim has to know it is unlawful.
Def: Abduct
Restrain person with intent to prevent liberation by:
* secreting/holding him in place unlikely to be found OR
* using/threatening deadly physical force
Def: Relative
Parent, ancestor, brother, sister, uncle or aunt
NYPL: What constitutes the charge of unlawful imprisonment?
Charge simply requires restraint of another person. Degree increases if restraint exposes person to risk of serious physical injury. (Any Mens Rea okay)
What is the affirmative defense to the charge of unlawful imprisonment?
* Person restrained was -16 AND
* D was relative of child AND
* Sole purpose was to assume control of child
NYPL: What are the elements of the charge of kidnapping? What are the degree raisers?
Abduction alone. Degree goes up with:
* Intent to compel ransom, particular action, or inaction OR
* Restrains person for 12+ hours with intent to inflict injury, sexual abuse, advance felony, terrorize person or interfere with government/political function OR
* Abductee dies before returned to safety (-16/incompetent who is not heard from post-abduction presumed to have died)
What is the affirmative defense to kidnapping?
D was relative of person abducted AND sole purpose was to assume control of person
Could still be guilty of unlawful imprisonment
What constitutes custodial interference?
* Relative of -16 child without legal rights takes him with intent to hold permanently/long-term OR
* Person without legal right takes incompetent from institution/caretaker OR
* With intent to do so permanently, takes person above out of state OR
* D exposes victim to risk that safety/health will be endangered
What is an affirmative defense to the charge of custodial interference?
* Victim had been abandoned OR
* Taking was necessary in an emergency to protect victim because of mistreatment/abuse
What constitutes a charge of coercion?
D compel or induces person to engage in conduct that they have a legal right to abstain from, or vice versa, by instilling in them the fear that they will:
* Cause physical injury to person OR
* Cause damage to property OR
* Engage in other criminal conduct OR
* Accuse person of crime or cause person to be charged with a crime OR
* Expose a secret OR
* Cause a strike/boycott (unless D is an employee) OR
* Testify or withhold testimony OR
* Abuse public position to harm other
(Accuse, Secret, Property, Abuse position,Strike, Testify, Injury, Criminal (conduct)
a spastic
What is the affirmative defense to a charge of coercion?
* D reasonably believed the threatened charge to be true AND
* D's sole purpose was to compel/induce victim to take make good the wrong
Def: Premises
Includes building (see other card) and any real property
Def: Building
Ordinary meaning AND structure/vehicle/watercraft used as home, office, school
Def: Dwelling
Building which is usually occupied by person at night.
What constitutes a charge of trespass for private property? For property open to the public?
* Person knowingly enters or remains unlawfully on premise. Includes fenced property, school, camp, housing project, railroad, dwelling, etc.
* No intent to commit crime necessary.
* For public property entered rightfully, you lose the right to be there when you receive an official communication from an authorized person.
NYPL: What constitutes a charge of burglary? (& degree-raisers)
* D knowingly enters or remains unlawfully in building with intent to commit a crime. (Not just trespass -- burglary is only buildings, and requires intent.)
Degree goes up with weapons, actual harm to person, nature of building.
When can D be charged with possession of burglar's tools?
When the tools are commonly associated with forcible entry, and circumstances suggest an intent to use the tools to commit a crime.
What constitutes a charge of arson? (& degree-raisers)
D recklessly damages property of another without consent by intentionally starting a fire or causing explosion.
Degree goes up with presence of people, type of device, pecuniary interest.
Def: Larceny
With intent to deprive another of property or to appropriate the same to himself or a third person,, D wrongfully takes, obtains or withholds such property from owner.
What constitutes a charge of larceny?
With intent to deprive another of property or to appropriate the same to self or to a third party, to a third person, wrongfully takes, obtains, or withholds from the owner:
* common law trespasory taking (warehouse theft), trick (fake charity), embezzlement (unlawful conversion of trusted property), false pretense (fake gold watch) OR
* Acquiring lost property and not attempting to return it OR
* Bad check OR
* False promise OR
* Extortion (obtains property through coercion)


CAFÉ is Check, Acquiring lost property, False promise, Extortion. FETT is the common law crimes: false pretense (watch) embezzlement, tresspassory taking, trick.
What is the standard of intent for prosecution of larceny by false promise?
Finding of intent may only be based upon evidence wholly consistent with guilty intent and wholly inconsistent with innocent intent, and must exclude to a moral certainty EVERY HYPOTHESIS except guilty intent. D's intention to not perform may not be inferred from fact that promise was not performed.
NYPL: What is an affirmative defense to the charge of larceny?
* Property was taken under claim of right made in good faith OR
* In charge based on extortion, D believed the threatened charge to be true and sought to compel the victim to make good the wrong.
How is the value of the property stolen by larceny calculated, and why is it important?
The value is the market value of the property at the time and place of the crime.
Degree of crime changes with value, as it does also with the nature of the item stolen.
Becomes felony (Grand Larceny) above $1000, or when item is special: public record, secret scientific material, credit card, religious, motor vehicle, firearm, meth lab raw material.

Secret scietific material, Credit card, Above $100, Motor vehicle, Public record, Fire Arm, Religous, Meth lab part
When must the manner of theft be specifically stated to indict a person for larceny?
When the charge is larceny by extortion. Otherwise charge need not state manner of theft.
NYPL Def: Robbery
Forcible stealing. D uses/threatens immediate physical force upon other person to:
* Prevent or overcome resistance OR
* Compel the owner to deliver property
What constitutes a charge of robbery? (& degree-raisers)
D threatens/uses immediate physical force to prevent/overcome resistance or force delivery of property.
Degree goes up with co-felon, use of weapon or dangerous instrument, nature of property (motor vehicle), actual injury.
Def: Hindering prosecution
With intent to assist criminal or person sought by authorities, D:
* Harbors/conceals them OR
* Warns them of impending discovery OR
* Provides material aid OR
* Hinders authorities by deception/force OR
* Suppresses/destroys physical evidence OR
* Aids them to obtain personal benefit
Aid (for benefit)
Lie (Hider by deception or force)
Evidence (destroy/supress)
What constitutes the offense of compounding a crime?
* Solicits, accepts or agrees to accept any benefit in exchange for refraining from initiating prosecution OR
* Confers, offers, or agrees to confer a benefit on another to prevent them from initiating prosecution
What is the affirmative defense to the charge of compounding a crime?
The benefit did not exceed an amount which D reasonably believed to be due as restitution. (Payment for stolen item v. payment as "punishment")
Def: Criminal enterprise (RICO)
A group of persons sharing a common purpose of engaging in criminal conduct, associated with a structure distinct from a pattern of criminal activity, with a continuity beyond individual criminal incidents.
Def: Pattern of criminal activity (Elements of RICO charge)
Conduct by persons charged in an enterprise corruption count constituting 3 or more acts
* within 10 years of first act AND
* that are neither completely isolated nor part of the same incident AND
* are related by a common plan or were coordinated by the enterprise Big Daddy or associates
What constitutes a charge of enterprise corruption?
Employee/associate of criminal enterprise
* intentionally participates in other enterprise by pattern of criminal activity OR
* intentionally acquires interest in other enterprise by pattern of criminal activity OR
* uses proceeds of pattern of criminal activity to invest in other enterprise
Enterprise may be legitimate business.
NYPL: Which crimes can be tacked on to burglary and which merge with it?
Trespass merges with burglary, but all other crimes committed during a burglary, whether initially intended or not, are tacked on to the charge of burglary. The Hamburglar gets 25 to life!
When does entrance of an instrument into a building constitute burglary?
When the instrument is the same one used to commit the intended crime and it enters and commits that crime in almost a single motion. Ie. A bullet shot through a door, or a torch thrown through a window.