Wa Bar Criminal Law

Front 1

PRINCIPLES OF LIABILITY

Back 1

Act/Omission + Mental State, or Liability for conduct of another.

Front 2

Malice

Back 2

evil intent, wish or design to vex, annoy or injure

Front 3

Intent

Back 3

purposeful i.e. acting with the objective or purpose of accomplishing a result constitutes a crime

Front 4

Knowledge

Back 4

awareness i.e. aware of facts, circumstances or results

Front 5

Recklessness

Back 5

conscious risk taking i.e. knows of and disregards substantial risk of wrongful act and disregard is a gross deviation from the standard of care RP would exercise in the same situation)

Front 6

Criminal Negligence

Back 6

should have known of the risk (obj std) i.e. RP would have known of substantial risk of wrongful act; failure to be aware of risk is a gross deviation from the standard of care RP would exercise in the same situation

Front 7

Criminal Liability for the conduct of others

Back 7

(1) By causing an innocent or irresponsible person to commit a crime, (2) by statute, or (3) accomplice liability

Front 8

Accomplice liability

Back 8

solicits, commands, encourages, requests, aids, or agrees to aid, knowing it will promote or facilitate the crime;

defense if defendant is a victim or

terminates complicity & notifies/makes good faith effort to notify law enforcement

Front 9

Substantive Offense

Back 9

Homicidal Breakfast + Drugs (Homicide, Burglary, Robbery, Extortion, Arson, Kidnapping, Forgery, Assualt, Sex Offenses, Theft and Drugs)

Front 10

Homicide

Back 10

Killing a human by act/omission

Front 11

Murder 1°

Back 11

premeditated intent, extreme indifference to life, or felony murder i.e. participant commits homicide in course of, in furtherance of, or in immediate flight from felony (BARK) or attempted felony unless defense to Felony Murder. Can be aggravated depending on the identity of the victim/multiple killings.

Front 12

Defense to felony murder

Back 12

not armed with a deadly weapon, no reason to believe others were armed, & no ground to believe that others were going to engage in conduct likely to result in death or serious bodily harm

Front 13

Murder 2°

Back 13

Unpremeditated intent, or felony murder (any felony). No Merger defense

Front 14

Homicide by abuse

Back 14

Extreme indifference to human life, pattern or practice of assault or torture, causes death of child (under 16) or developmentally disabled/dependent adult

Front 15

Manslaughter 1°/2°

Back 15

Reckless. Criminally negligent

Front 16

Excusable Homicide

Back 16

Accident w/o negligence NOT A CRIME

Front 17

Justifiable Homicide

Back 17

See defenses

Front 18

Vehicular/Watercraft homicide

Back 18

drives car/boat while DUI, recklessly, or with disregard for the safety of others, & death occurs within 3yrs

Front 19

Controlled Substance Homicide

Back 19

unlawfully delivers controlled substance to another & drug use causes death

Front 20

Burglary

Back 20

Entering or remaining unlawfully in a building with intent to commit a crime to persons or property therein

Front 21

Burglary 1°

Back 21

Assaults or armed with deadly weapon

Front 22

Residential Burglary

Back 22

in dwelling, used for lodging (not a car). can be attached garage

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Burglary 2°

Back 23

Building (other than car or dwelling)

Burglary does not merge

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Related to Burglary

Back 24

Criminal Trespass 1° (misd, building) 2° (misd, premises),
Computer Trespass (intentional and unauthorized access to computer or electronic database 1° of government, 2° = misd)
Vehicle prowling 1° (motorhome, motorboat, sailboat with sleeping quaters) 2° (mids, no sleeping quarters)

Front 25

Robery 1°/2°

Back 25

Taking property from a person by force or threat of force.
- 1°: in commission or immediate flight, he or she is armed with a deadly weapon, displays what appears to be a deadly weapon, or inflict bodily injury, OR commit a robbery within and against a financial institution.
- 2°: without a deadly weapon

Front 26

Extortion 1°/2°

Back 26

knowingly obtain or attempt to obtain another's property/services by threats”
- 1° (threat is future bodily injury, physical damage to another's property, or physical confinement or restraint).
- 2° (other wrongful threat)

Front 27

Arson 1°/2°

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“knowingly and maliciously causing fire or explosion”
- 1° (manifestly dangerous to human life, damages dwelling, in a building with a nonparticipant inside, or insurance scam $10,000 +).
- 2° (damage to other real or personal property)

Front 28

Reckless Burning

Back 28

- 1° (recklessly damages property by knowingly causing a fire or explosion)
- 2° (misd, recklessly places property in danger by knowingly causing a fire or explosion)

Front 29

Malcious Mischief

Back 29

Knowingly & maliciously causes damage to the property of another
- 1° ($5,000+, impair/interrupt public service, or impair the safety, efficiency or operation of an aircraft
- 2° ($750+ or substantial risk of interrupt/impair public service)
- 3° (up to 750, graffiti)

Front 30

Kidnapping

Back 30

“intentionally abduct i.e. restrain by secreting or deadly force”
- 1° intentionally abduct with intent to ransom/reward, facilitate felony, inflict bodily injury, inflict extreme mental distress, or interfere with governmental function
- 2° intentional abduction; sexual motivation elevates to more serious felony

Front 31

Related to kidnapping

Back 31

Unlawful Imprisonment (knowing restriant)
Custodial Interference (intentionally denying parent or lawful custody access

Front 32

Forgery

Back 32

“w/intent to defraud or injure, falsely makes, completes, or alters a written instrument, OR puts off as true a written instrument known to be forged”

Front 33

Assault

Back 33

battery, attempted battery, or intentionally causing apprehension of immediate battery”

Front 34

Assault 1°

Back 34

Assaults another with a deadly weapon or with force likely to produce great bodily harm or death.

Front 35

Assault 2°

Back 35

Intentionally assaults another and thereby inflicts substantial bodily harm (i.e. bodily injury involving temporary but substantial disfigurement).

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Assault 3°

Back 36

Assaults a police officer (or other official person) or with criminal negligence, causes bodily harm with a weapon or causes substantial pain.

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Related to Assault

Back 37

Drive-By Shooting (recklessly discharges firearm from a car or near a car & creates a substantial risk of death or serious injury)
Reckless Endangerment (misd, recklessly create substantial risk of death or serious bodily injury)
Unlawful Discharge of a Laser 1° (pilot, police, firefighter, or bus driver & service interrupted or impaired)
Unlawful Discharge of a Laser 2° (misd, driver, pilot, police, firefighter, or bus driver & substantial risk that service interrupted or impaired)

Front 38

Rape 1°

Back 38

(sexual intercourse by forcible compulsion & uses or threatens to use deadly weapon or what appears to be a deadly weapon, kidnaps, inflict physical injury including unconsciousness, or feloniously enters building or vehicle)

Front 39

Rape 2°

Back 39

(sexual intercourse by forcible compulsion or vulnerable victim)

vulnerable vic = developmentally disabled, health care patient, frail adult that D has sig relationship w/ or transporting.

Front 40

Rape 3°

Back 40

(no consent (clearly expressed by words or conduct) or threat of substantial harm to property rights; marital exemption)

Front 41

Rape of a Child

Back 41

1° 12 yo & perp is 24 mo older,
2° 12-14 & perp is 36 mo older,
3° 14-16, perp is 48 mo older;

defense if declaration of age by victim but not belief that victim was older

Front 42

Child Molestation

Back 42

has or knowingly causes another under the age of 18 to have sexual contact with the victim,
1° 12 yo & 36 mo older,
2° 12-14 & 36 mo older,
3° 14-16, 48 mo older;
defense if declaration of age by victim but not belief that victim was older

Front 43

Custodial Sexual Misconduct

Back 43

correctional agency employee on prisoner or police officer on detainee/arrestee,
1° sexual intercourse,
2° sexual contact;
defense if intercourse/conduct forcibly compelled by other person

Front 44

Communicating with a Minor for Immoral Purposes

Back 44

Misd. Unless prior felony sexual offense

Front 45

Failure to Register as a Sex Offender

Back 45

for sex offenses or kidnapping offenses, felony/misd based on underlying offense felony/misd

Front 46

Theft 1°, 2°, 3°

Back 46

unlawful acquisition or retention of another's property/services with intent to deprive the owner of property/services”
Defense is no intent to deprive vic. of property
1° = 5K, taken from the person of another or on-duty search and rescue dog
2° = 750, public records, or access device (pin number) key to car
3° Up to 750 or 10+ merchandise pallets or beverage crates

Front 47

Organized Retail Theft

Back 47

theft or possession of stolen property with an accomplice, 1° $5,000+, 2° $750+, may be aggregated over 180 days

Front 48

Retail theft with extenuating circumstances

Back 48

from store when defendant leaves via emergency exits, possesses something designed to overcome security system, or 3+ separate stores w/in 180 days

Front 49

Identity Theft

Back 49

knowingly obtains, possesses, uses or transfers means of identification or financial information with the intent to commit, aid or abet any crime, 1° $1500+, 2° up to $1500+ inc no value; doesn't apply if using ID to misrepresent age

Front 50

Taking a motor vehicle without permission

Back 50

intentionally takes or drives car of another without permission
- 1° (alters, removes parts, exports, intends to sell, or is engaged in a conspiracy to steal cars for profit)
- 2° (as above or voluntarily rides in car knowing it was stolen)

Front 51

Possessing Stolen Property

Back 51

receiving, knowing it was stolen, withholding to the use of any person other than the true owner.

Front 52

Drugs

Back 52

Felony (deliver, mfg/possess, mfg/possess w/intent to deliver)
Misdemeanor (possess less than 40 g of marijuana)
Penalty doubled if transferred to person under 18
Defense for unwitting possession & medical marijuana

Front 53

Defenses

Back 53

IDLE MIND (insanity, Diminished Capacity, Lawful Use of Force, Entrapment, Merger, Intoxiaction, Neccessity, Duress

Front 54

Insanity (defense)

Back 54

M'Naughten i.e. mental disease/defect & unable to perceive nature and quality of act or know right from wrong, narrow exception for deific decree i.e. acting under direct command of God; affirmative defense POE

Front 55

Diminished Capacity (defense)

Back 55

Cannot form mens rea b/c or mental illness/disorder

Front 56

Police using deadly force (defense)

Back 56

(acting without malice & with good-faith belief that killing is justifiable, when arresting felon, preventing escape of inmate, or lawfully suppressing riot if rioter armed with deadly weapon; suspect must threaten officer or have committed violent crime)

Front 57

Citizen using deadly force (defense)

Back 57

Citizens Using Deadly Force To Defend Self/Others (honest & reasonable belief that facing threat of imminent death or great bodily harm, proportional, no duty to retreat, first aggressor loses right to self-defense)

Front 58

Citizen using deadly force to defend property (defense)

Back 58

(okay against burglar)

Front 59

Citizen using nondeadly force (defense)

Back 59

Citizens Using Non-Deadly Force (honest & reasonable belief of imminent non-deadly force, force must be proportional, no duty to retreat, first aggressor loses right to self-defense)

Front 60

Entrapment

Back 60

Criminal design initiated by police officer and no predispisition to commit crime, affirmative defense POE

Front 61

Merger

Back 61

Lesser crimes merge integarator,
yes = incidental to and elements of
No= independant purposes or effects

Front 62

Neccessity

Back 62

Lesser of two evils

Front 63

Duress

Back 63

Committed crime b/c threatened with immediate death or bodily injury, not available for murder, homicide by abuse, or manslaughter)
• Actor participated in the crime under compulsion by another by threat or force.
• Apprehension was reasonable.
• Actor would not have participated but for the duress
Can’t recklessly place yourself in a situation where you are likely to be subject to duress.

Front 64

Two or more ∆s

Back 64

CARS Consipracy, accomplice liability, Rendering criminal assistance, soliciation

Front 65

Rendering Criminal Assistance

Back 65

If, with the intent to prevent, hinder, or delay the apprehension or prosecution of another who he knows has committed a crime, or is sought by police:
• Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person.
• Provides money, transportation, or other means of avoiding discovery or apprehension.

Front 66

Car Crimes

Back 66

Theft of a motor Vehicle - Wrongfully obtaining, or excercising control over the property of another with the intent to deprive the owner of possesion - value of car irrelevent
Taking a motor vehicle without permission
• 1° (alters, removes parts, exports, intends to sell, or is engaged in a conspiracy to steal cars for profit)
• 2° (as above or voluntarily rides in car knowing it was stolen)
Drive by shooting - recklessly discharges firearm from a car or near a car & creates a substantial risk of death or serious injury
Vehicle prowling - Trespass
o 1° (motorhome, motorboat, sailboat with sleeping quarters)
o 2° (misd, no sleeping quarters)
Vehicular Homicide/Assualt