Pa Crimlaw Distinctions

Front 1

PA Status of Common law Crimes

Back 1

PA follows modern trend (minority view) and has abolished common law crimes

Front 2

Merger

Back 2

Except for lesser included offenses, doctrine of merger is abolished

Front 3

Merger of Solicitation or Attempt into Completed Crime

Back 3

D may be charged in same indictment with criminal attempt and completed crime. However, D may be convicted of only one, either the attempt or the completed crime

Front 4

PA mens rea

Back 4

PA has codified culpability into four categories
Intentionally
Knowingly
Recklessly
Negligently

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Intentionally

Back 5

Person acts with respect to a material element of an offense when the element involves
1. the nature of his conduct or a result thereof, and it is his conscious object to engage in conduct of that nature or to cause such a result and
2. The attendant circumstances and he is aware of the existence of such circumstances, or he believes or hopes they exist

Front 6

Knowingly

Back 6

A person acts knowingly with respect to a material element of an offense when the element involves
1. The nature of his conduct or the attendant circumstances, and he is aware that his conduct is of that nature or that such circumstances exist and
2. A result of his conduct and he is aware that it is practically certain that his conduct will cause such result

Front 7

Recklessly

Back 7

A person acts recklessly with respect to a material element 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 intent of the actor’s conduct and the circumstances known to him its disregard involves a gross deviation form the standard of conduct that a reasonable person would observe in the actor’s situation

Front 8

Negligently

Back 8

Person acts negligently with respect to material element of offense when he should be aware of 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 the actor’s failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation

Front 9

Vicarious Liability Offenses

Back 9

Pennsylvania has codified the liability of one person for the conduct of another, wherein the general rule is that a person is guilty of an offenses if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both. A person is legally accountable for the conduct of another 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
b. He is made accountable for the conduct of such other person by statute 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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Enterprise Liability

Back 10

Corps or unincorporated association have a defense if they prove by preponderance that the high managerial agent having supervisory responsibility over subject matter of offense employed due diligence to prevent its commission. Defense does not apply if its application would be plainly inconsistent with the legislative purpose in defining the particular offense

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Exclusions from Acccomplice Liability

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In any prosecution for an offense in which criminal liability of the D is based on the conduct of another person, it is no defense that the offense in question, as defined, can ony be committed by particular class or classes of persons, and the D, not belonging to such class or classes, is legally incapable of committing the offense in an individual capacity (see next card)

Front 12

Specific Situations of Exclusion from Accomplice Liability

Back 12

Person is not an accomplice in an offense committed by another person IF
i. He is a victim of that offense
ii. The offense is so defined that his conduct is inevitably incident to its commission or
iii. He terminates his complicity prior to the commission of the offense and wholly deprives it of its effectiveness in the commission of the offense or gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense

Front 13

Conspiracy and Merger

Back 13

Conspiracy does not merge

Front 14

Unilateral or Bilateral

Back 14

Unilateral, which as a review means that co-conspirator can be a protected class member or undercover cop feigning acceptance, and person is still guilty

Front 15

Overt Act

Back 15

PA – person may not be convicted of conspiracy to commit a crime unless that person or his co-conspirator performs an overt act. Person is not relieved of liability just because she is not physically present when target crime is completed
A person also is criminally liable for all of the natural and probable consequences of acts committed by fellow conspirators that are done in furtherance of the conspiracy

Front 16

PA Conspiracy – Defense of Withdrawal

Back 16

Withdrawal is a defense that an actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent

Front 17

Insanity

Back 17

PA follows the MNaghten rule. Burden of proof is on the D by preponderance

Front 18

Voluntary intoxication

Back 18

Not a defense in PA, regardless of specific or general intent

Front 19

PA Use of Deadly force

Back 19

Use of deadly force is NOT justifiable:
1. Unless actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or threat
2. If the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter or
3. If the actor knows he can avoid the necessity of using such force with complete safety by retreating, except the actor is not obliged to retreat form his dwelling of place of work unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be (EXCEPTION – next card)

Front 20

Exception to Deadly Force Duty to Retreat

Back 20

An actor who is not engaged in criminal activity or in illegal possession of a firearm, and who is attacked in any place in which the actor would not otherwise have a duty to retreat, does not have a duty to retreat and may stand his ground and use force, including deadly force, if
1. The actor has a right to be in the place he was attacked
2. The actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse by force or threat and
3. The person against whom the force is used displays or otherwise uses (a) a firearm or replica of a firearm or any other weapon readily or apparently capable of lethal use (Exception to Exception on next card)

Front 21

Exception to Exception – Use of Deadly Force Duty to Retreat

Back 21

Exception does not apply if the person against whom force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer

Front 22

Defense of Others

Back 22

Available without special relationship

Front 23

Entrapment

Back 23

Objective Test – a D is entitled to acquittal if the police activity involves
1. Making knowingly false representations designed to induce the belief that such conduct is not prohibited or
2. Employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it
Court applies objective focus on conduct of police officers and does not take subjective look at D’s predisposition to commit the crime

Front 24

Battery

Back 24

“battery” is called “assault in PA

Front 25

Assault (PA)

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Simple assault
1. Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another
2. Negligently causing bodily injury to another with a deadly weapon
3. Attempting by physical menace to put another in fear of imminent serious bodily injury or
4. Concealing or attempting to conceal a hypodermic needle on the D’s person and intentionally or knowingly penetrating law enforcement officer with needle during course of arrest or any search of person
Generally a misdemeanor. More serious misdemeanor if assault of a child under 12 by adult over 21

Front 26

Statutory Aggravated Assault

Back 26

A person is guilty of agg assault if he attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. Agg assault also includes intentionally or knowingly causing or attempting to cause bodily injury with a deadly weapon. Additionally, a simple assault of a public official (e.g. police officer, schoolteacher, etc.) in the performance of her duties is considered agg assault, but is graded as a lower felony. Finally, the use of any noxious gas or stun gun against a public official is an agg assault.

Front 27

Recklessly Endangering Another Person

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Recklessly endangering in conduct that places or may place another person in danger of death or serious bodily injury is “recklessly endangering another person.”

Front 28

Terroristic Threats

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A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:
1. Commit any crime of violence with intent to terrorize another
2. Cause evacuation of a building, place of assembly, or facility of public transportation or
3. Otherwise cause serious public inconvenience or terror with reckless disregard of the risk of causing such terror or inconvenience
A terroristic threat is a misdemeanor, unless the threat causes an actual disruption of normal business operations or everyday like (e.g. the evacuation of a building) in which case it is a felony

Front 29

WMD

Back 29

Doesn’t have to be a particular type – can be a bomb
Never been on exam

Front 30

Harassment

Back 30

Committed when a person, with intent to harass, annoy, or alarm another:
(1) subjects another to physical contact
(2) Follows another in a public place
(3) Engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose
(4) Communicates to or about another in any threatening or obscene matter or
(5) Communicates repeatedly to another, specifically including in an anonymous manner or at extremely inconvenient hours
Parts 1, 2, and 3 are summary offenses, while parts 4 and 5 are misdemeanors

Front 31

Stalking

Back 31

Occurs when a person engages in a course of conduct repeatedly commits acts toward another, or repeatedly communicates with another under circumstances that demonstrate an intent to place another in reasonable fear of bodily injury or an intent to cause substantial emotional distress to another
Stalking is a misdemeanor, unless the stalker has a history of violent crime against the victim or has previously been convicted of stalking, in which case it is a felony

Front 32

Homicide (Deadly Weapon)

Back 32

Any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which in the matter in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury

Front 33

Serious Bodily Injury

Back 33

Creates substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

Front 34

Intentional Killing

Back 34

Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing

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Felony Murder in PA

Back 35

Called Murder in the Second Degree

Front 36

Involuntary Manslaughter

Back 36

Causing the death of another as a direct result of reckless or grossly negligent act, regardless of whether act was lawful or unlawful. Misdemeanor. If the victim is under 12 years of age and is in custody, care or control of person who caused the death, felony.

Front 37

Homicide by Vehicle

Back 37

Recklessly or with gross negligence causing the death of another while violating any state or municipal law regarding the operation or use of a vehicle or the regulation of traffic (except those laws relating to driving under the influence) and the violation is the cause of death
Conduct immediately prior to the accident may be used to determine whether he acted “recklessly”

Front 38

Crimes Against Unborn Child

Back 38

Never tested, but they apply to intentionally, knowingly, recklessly, or negligently causing death of an unborn child. Do not apply to consensual abortion, doctors engaged in good faith medical practice, or pregnant women in regard to crimes against their unborn children

Front 39

False Imprisonment

Back 39

Knowingly restraining another unlawfully so as to substantially interfere with his liberty is false imprisonment, a misdemeanor. However, it is a felony if victim is under 18

Front 40

Kidnapping

Back 40

Unlawfully removing another a substantial period, in a place of isolation, with any of the following intentions:
1. To hold for ransom or reward, or as a shield or hostage
2. To facilitate commission of any felony or flight thereafter
3. To inflict bodily injury on or to terrorize the victim or another or
4. To interfere with public officials in performance of government/political functions
Removal or confinement is unlawful f it is accomplished by force, threat, or deception, or in the case of a person who is under 14 years or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of welfare.
A felony

Front 41

Miscellaneous Offenses Against the Person

Back 41

Add DISORDERLY CONDUCT

Front 42

Rape

Back 42

A felony that may be committed by a man or a woman, and may be committed against one’s spouse. Also includes sexual intercourse with complainant who is less than 13. Mens rea requirement satisfied by evidence that D intended to have sexual intercourse. Mens rea immaterial to age element. Mistake of age is no defense.

Front 43

Statutory Sexual Assault (Statutory Rape)

Back 43

A person commits statutory sexual assault, a felony, when that person engages in sexual intercourse with a complainant under 16, the person is four or more years older than complainant, and person and the complainant are not married to each other

Front 44

Mistake of Age Defense

Back 44

If older than 14 – it is a defense in statutory rape for D to prove that he reasonably believed that the child was above the critical age

Front 45

Larceny

Back 45

Called “Theft”’

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False Pretenses

Back 46

Called “theft by deception”

Front 47

Robbery

Back 47

In Pennsylvania, a person is guilty of robbery if, in the course of committing theft he
1. Inflicts bodily injury upon another
2. Threatens another with, or intentionally puts him in fear of an immediate bodily injury
3. Physically takes or removes property form the person of another by force, however slight
4. Commits or threatens immediately to commit a first or second degree felony or
5. Takes or removes the money of a financial institution without permission by making an oral or written demand of the institution’s employee, with intent to deprive the financial institution thereof
Act deemed to be “in the course of committing a theft” if it occurs in an attempt to commit theft or in flight after the attempt or commission

Front 48

Theft by Unlawful Taking or Disposition

Back 48

Person is guilty of theft if he unlawfully takes or exercises unlawful control over the movable property of another with the intent to deprive the owner of that property. A person is also guilty of theft if he unlawfully transfers or exercises unlawful control over the immovable property of another or any interest therein with the intent to benefit himself or another

Front 49

Theft by deception

Back 49

Person is guilty of theft if he intentionally obtains or withholds the property of another by deception. A person “deceives” when he intentionally
1. Creates or reinforces a false impression, including an impression as to law, value, intention or other state of mind
2. Prevents another from acquiring info that would affect his judgment of a transaction or
3. Fails to correct a false impression that he previously created or reinforced or that he knows to be influencing another with whom he stands in a fiduciary or confidential relationship
Notes – Can’t be inferred from the fact that a person didn’t subsequently perform that promise. Also deceive doesn’t include “puffing” by statements unlikely to deceive ordinary persons in the group addressed

Front 50

Receiving Stolen Property

Back 50

A throw-in crime. Person is guilty of theft if he intentionally receives, retains, or disposes of the movable property of another knowing that it has been stolen or believing that it probably has been stolen, unless that property is received, retained, or disposed of with intent to restore it to the owner

Front 51

Theft by Failure to Make Required Disposition of Funds Received

Back 51

Person who obtains property by agreement or subject to known legal obligation to make specified payments or other dispositions is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition

Front 52

Retail Theft

Back 52

A person is guilty of retail theft if he
1. Takes the merchandise
2. Alters the merchandise in attempt to purchase at less than retail value
3. Transfers any merchandise form the container in which it is displayed to any other container to deprive the merchant of it
4. Underings a sale with intent to deprive merchant
5. Destroys, removes, or deactivates any mechanism employed to prevent an offense under this section with intent to deprive merchant of possession

Front 53

Computer Crimes

Back 53

“Unlawful use of a computer” is a felony if you access it somehow with false pretenses, or withhold access, or give someone else access
“computer trespass” when you knowingly use a computer or computer network with intent to temporarily or permanently remove computer data, cause a computer to malfunction, alter or erase computer data programs or software, effect the creation or alteration of a financial instrument or an electronic fund transfer or cause physical injury to property of another

Front 54

Forgery

Back 54

Writings in PA can be anything legally related

Front 55

Bad Checks

Back 55

A person commits a crime when he issues or passes a check for the payment of money, and he knows that the check will not be honored by the drawee
Ranges from summary offense to felony depending on amount involved and whether perpetrator has done it a lot (more than two offenses within five-year period)

Front 56

Access Device Fraud

Back 56

Person commits this crime (felony if more than $500 obtained) when he uses an access device to obtain property or services with knowledge that
(i) card is stolen forged or fictitious
(ii) Card belongs to another person who has not authorized its use
(iii) Card has been revoked or cancelled
(iv) He is not authorized to use the device
Access device fraud to make sell give or otherwise transfer to another credit card or credit card number with knowledge or reason to believe that it will be used to obtain property or services without payment of the lawful charges therefore (felony)

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Burglary

Back 57

PA – a person is guilty of burglary if she enters a “building or occupied structure,” or separately secured or occupied portion thereof, with the intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. An “occupied structure” includes any structure, vehicle or place adapted for overnight accommodation or for carrying business therein.
Burglary is a felony.
If the structure was not adapted for overnight accommodation and no individual was present at the time of the crime, it is a lesser felony

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PA Arson

Back 58

Two distinct crimes
1. Arson Endangering persons
2. Arson endangering property

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Arson endangering persons

Back 59

A person commits this when he intentionally starts a fire or causes an explosion, or aids or agrees to pay another to do so, provided he
1. Thereby recklessly places another person including but not limited to a firefighter, in danger of death or bodily injury or
2. Commits the act with the purpose of destroying or damaging an inhabited building or occupied structure of another
If no one dies – felony
If person placed in danger dies – crime is second degree murder
If the fire was started with the intent to kill a person, death of any person will result in a first degree murder charge

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Arson endangering property

Back 60

Intentionally starting a fire or causing an explosion, whether on his own property or that of another, or aids or agrees to pay another to do so, and he
1. Commits act with intent of destroying or damaging a building or unoccupied structure of another or
2. Thereby recklessly places an inhabited building or occupied structure of another in danger or damage or destruction or
3. Commits the act with intent of destroying or damaging any property whether his own or of another to collect insurance for such loss
Felony

Front 61

Criminal trespass

Back 61

Is a throw in crime

Front 62

Defenses to criminal trespass

Back 62

The following are defenses to trespass
1. The property or building was abandoned
2. The premises were open to members of the public at time of offense and actor complied with all lawful conditions imposed on access
3. Actor reasonably believed (FOCUS ON REASONABLE BELIEF) that te owner of the premises, or any other person empowered to permit access thereto, would have permitted him to enter or remain

Front 63

Perjury

Back 63

In any official proceeding, swearing to the truth of the statement that you do not believe is true.
Falsity of the statement must be established through the testimony of at least two witnesses, unless the basis for perjury charge is inconsistent statements by D

Front 64

Offenses Against the Family

Back 64

1. Concealing the death of a child (exactly what it sounds like)
2. Endangering the Welfare of a child (misdemeanor – have to knowingly do it, child must be in your care, protection or support. If course of conduct, felony)
3. Dealing in Infant Children – Misdemeanor when you trade, barter, buys or sells or deals infant children