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46 Cards in this Set

  • Front
  • Back

(4) Elements of Criminal Law

  1. The Criminal Conduct
  2. The Culpability State
  3. Negation of All Defenses
  4. Punishment
Act
means a bodily movement, whether voluntary or involuntary, including speech
Actor
a person whose criminal responsibility is in issue in a criminal action
Agency
an agency, department, division, or office
Another
person other than the actor
Association
an agency having a joint or common economic interest
Benefit
an economic gain or advantage
Bodily Injury
physical pain, illness, or any impairment of physical condition
Coercion
a threat
Conduct
an act or omission and its accompanying mental state
Consent
assent in fact, whether express or apparent
Corporation
includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies
Correctional Facility
  • a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense
  • Municipal or county jail, confinement facility, community corrections facility
Criminal Negligence:

when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.

Deadly Weapon
a weapon designed to cause serious bodily injury or death
Effective Consent
consent by a person legally authorized to act for the owner
Electric Generating Plant
a facility that generates electric energy for distribution to the public.
Electric Utility Substation
a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
Element of Offense:

1. Forbidden Conduct


2. The Required Culpability


3. Any required result


4. The negation of any exception to the offense

Felony
an offense so designated by law or punishable by death or confinement in a penitentiary.
Government
The state, county, municipality, or any of their branches
Harm
anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
Individual
means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth
Intentionally:

it is his conscious objective or desire to engage in the conduct or cause the result.

Knowingly:

when he is aware of the nature of his conductand that his conduct is reasonably certain to cause the result.

Law
the constitution or statute of this state or US
Misdemeanor
fine or/and confinement in jail (not a penitentiary)
Oath
an affirmation
Official Proceedings
means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Omission
a failure to act
Owner
has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor
Peace Officer
a person elected, employed, or appointed as a peace officer
Penal Institution:

a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.

Person:

an individual, corporation, or association.

Possession:

actual care, custody, control, or management.

Public Space:

any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Public Servant:

a person elected, selected, appointed, employed,

Reasonable Belief
a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reckless:

When he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur

Rule
Includes regulation
Secure Correctional facility
a municipal or county jail and private jails under contract
Serious Bodily Injury
bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Sight Order
includes a check, an electronic debit, or an automatic bank draft.
Swear
to affirm
Unlawful
criminal or tortious or both
Death
includes an unborn child, the failure to be born alive