Pennsylvania Criminal Law Distinctions

Front 1

[PA Criminal Law]
What is the status of the merger doctrine in PA?

Back 1

Merger doctrine is abolished, except for lesser included offenses

Front 2

[PA Criminal Law]
Under the Merger Doctrine, what are the requirements for a lesser included offense to merge to the greater offense?

Back 2

Crimes will merge for sentencing purposes only if:
1) The crimes arise from a single criminal act, and
2) All of the statutory elements of one offense are included in the statutory elements of the other offense

Front 3

[PA Criminal Law]
D tries to and successfully completes killing V. What crimes can D be charged and convicted of?

Back 3

Charged: Attempted murder and murder
Convicted: Only attempt OR the completed crime

Front 4

[PA Criminal Law]
What are the PA mental states?

Back 4

1) Intentionally
2) Knowingly
3) Recklessly
4) Negligently

Front 5

[PA Criminal Law]
How does PA define the intentional mental state?

Back 5

A person acts intentionally with respect to a material element of the crimes when
1) D knows the nature of his conduct, or result thereof, and it is his conscious objective to engage in that conduct or to cause such a result, AND
2) D is aware of the attendant circumstances or believes/hopes they exist

Front 6

[PA Criminal Law]
How are the reckless and negligent mental states defined in PA?

Back 6

Same as MPC
Reckless = Knows & disregards of
Negligent: Should have known of

a substantial and unjustifiable risk... gross deviation from the standard of conduct of a reasonable person

Front 7

[PA Criminal Law]
What defense does PA provide for a corporation or unincorporated association for the commission of a crime?

Back 7

If the organization proves by a preponderance of the evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission

Front 8

[PA Criminal Law]
When is a person an accomplice to a crime?

Back 8

With the intent of promoting or facilitating a crime, she
1) Solicits such other person to commit it, or
2) aids, agrees, or attempts to aid someone planning to or committing a crime

Note: Accessory after the fact is guilty of a different crime than an accomplice

Front 9

[PA Criminal Law]
When a principal to a crime acquitted, not charged, given immunity, or convicted of a different crime, how is the prosecution an accomplice affected?

Back 9

It's not. Accomplice can be charged and convicted independently of a principal's charging or conviction

Front 10

[PA Criminal Law]
How can, if at all, a solicitor renunciate the crime? What is the effect?

Back 10

Renunciation is a complete defense to solicitation. It requires
1) Persuasion for the other person not to commit the crime, or
2) Otherwise prevent the commission of the crime, and
3) Under circumstances manifesting a complete and voluntary renunciation of the actor's criminal intent.

Front 11

[PA Criminal Law]
What are the elements for conspiracy?

Back 11

Either
1) Agrees with another to commit a crime, or
2) Agrees to aid another in planning or committing a crime
AND
Someone in the conspiracy performs an overt act

Front 12

[PA Criminal Law]
When and to what extent is renunciation a defense to conspiracy?

Back 12

Renunciation is a complete defense to conspiracy if she thwarts the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of intent to commit the crime

Front 13

[PA Criminal Law]
What is required to attempt a crime?

Back 13

Follows MPC Attempt - "Substantial Step"

Front 14

[PA Criminal Law]
What is Assault and Battery in PA?

Back 14

Battery = Assault in PA
Simple Assault requires
1) attempt to or intentionally/knowingly/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
4) Concealing (or attempting to) a hypodermic needle with intent/knowledge that a police officer will be stabbed

Front 15

[PA Criminal Law]
What is Aggravated Assault?

Back 15

Attempting to or intentionally, knowingly, or recklessly causing serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life

Front 16

[PA Criminal Law]
What are the requirements for Recklessly Endangering Another Person?

Back 16

Recklessly engaging in conduct that places or may place another person in danger of death or serious bodily injury

Front 17

[PA Criminal Law]
What are the requirements for Terroristic Threats?

Back 17

Communicates (direct or indirectly) a threat to
1) Commit a crime of violence with intent to terrorize
2) Cause evacuation of a building, place of assembly, or public transit
3) Otherwise cause serious public inconvenience or terror with reckless disregard of the risk of causing such terror or inconvenience

Front 18

[PA Criminal Law]
What are the 3 degrees of murder?

Back 18

1st Deg. = Intentional Killing
2d Deg. = Felony murder
3d Deg. = All other kinds (Committed with Malice, express or implied, without specific intent to kill)

Front 19

[PA Criminal Law]
How does PA define involuntary manslaughter?

Back 19

Killing committed with reckless or grossly negligent conduct

Front 20

[PA Criminal Law]
Requirements for Homicide by Vehicle

Back 20

1) Killing
2) Reckless or gross negligence
3) violating state/municipal vehicle law

Front 21

[PA Criminal Law]
What are the rules for killing an unborn child?

Back 21

Criminal homicide if intentionally knowingly recklessly or negligently kills a fetus at any stage of gestation.
Exceptions
1) Consensual abortion
2) Doctors engaging in good-faith medical practice
3) Or pregnant woman against her own unborn child

Front 22

[PA Criminal Law]
What are the requirements for kidnapping?

Back 22

Unlawfully removing another a substantial distance, confining another for a substantial period in isolation with one of these intentions:
1) Hold for ransom/reward, use as a shield or hostage
2) Facilitate commission of felony or flight
3) Inflict bodily injury or terrorize victim
4) Interfere with public officials in performance of governmental/political functions

Front 23

[PA Criminal Law]
What crime is committed when an adult has sexual intercourse with someone <13 years old?

Back 23

Crime is Rape (not statutory rape)

Front 24

[PA Criminal Law]
What's the age of consent in PA?

Back 24

16
Person commits statutory rape if has sex with someone less than 16 AND is more than 4 years older than the complainant

Front 25

[PA Criminal Law]
Is mistake of age a defense for rape in PA?

Back 25

Yes, but only if criminality depends on the child's age being below a critical age older than 14. Must be proved a preponderance of the evidence

Front 26

[PA Criminal Law]
What constitutes robbery?

Back 26

A theft and, in the course of committing a theft,
1) intentionally puts V in fear of immediate serious bodily harm, OR
2) Physically takes or removes property from the person of another by force, however slight

Course = During or in flight of

Front 27

[PA Criminal Law]
What 3 crimes has PA consolidated common law theft crimes into?

Back 27

1) Theft by unlawful taking/disposition
2) Theft by Deception
3) Theft by extortion (includes blackmail)

Front 28

[PA Criminal Law]
When can a person be guilty of receiving stolen property?

Back 28

1) Intentionally Receives/retains/disposes of
2) Movable Property
and either
a) Knowing it was stolen
b) or believing that it probably was stolen

Front 29

[PA Criminal Law]
How can someone commit retail theft?

Back 29

1) Takes merchandise
2) Alters markings to reduce price
3) Transfer merchandise from one place to another to lower price
4) Underrings a sale
5) Break a anti-theft device

all require an intent to deprive merchant of full value of the item

Front 30

[PA Criminal Law]
What crime encompasses uttering under PA law?

Back 30

Forgery

Front 31

[PA Criminal Law]
For purposes of burglary, what is the standard for a building?

Back 31

Must be a "building or occupied structure," which includes any structure, vehicle, or place adapted for overnight accommodation or carrying on business there in (including fenced in lot)

Front 32

[PA Criminal Law]
How does PA breakup the arson crimes?

Back 32

1) Arson Endangering Persons
2) Arson Endangering Property

Front 33

[PA Criminal Law]
How does PA define Arson Endangering Persons?

Back 33

intentionally (or aids or agrees to or pays another to) sets fire/explosion
1) that recklessly puts a person in danger of death, including fireman or 2) or with the purpose of destroying/damaging occupied building/structure of another

Front 34

[PA Criminal Law]
How does PA define Arson Endangering Property?

Back 34

intentionally (or aids or agrees to or pays another to) sets fire/explosion
1) with intent to destroy/damage a building or unoccupied structure of another
2) Recklessly places an inhabited building or occupied structure of another in danger of damage
3) Intent to damage/destroy property of his own or another's to collect insurance

Front 35

[PA Criminal Law]
What constitutes the crime of concealing the death of a child?

Back 35

Endevours to conceal the death of his/her child so that it may not come to light whether teh child was born dead or alive or whether the child was murdered

Front 36

[PA Criminal Law]
What's required to commit the crime of endangering the welfare of a child?

Back 36

A parent/guardian/care taker,
responsible for supervising child <18
endagers welfare by violating duty of care, protection, or support

Front 37

How does PA define entrapment?

Back 37

1) for the purpose of obtaining evidence of the commission of an offense
2) officer induces or encourages another person in conduct constituting such offense
3) by employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.